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COPYRIGHT DEPOSIT. 



OHIO FARM LAWS 

{Latest Revised Edition.) 



BUSINESS FORMS 



BUSINESS LETTERS 



BY 

WILLIAM K. WILLIAMS 

OF THE 

COLUMBUS, OHIO, BAR 

Copyright 1895, 1907 1909 and 1910. 



Published by 

The Rural Publishing Company 

Publishers of Farm Laws of Thirty States 

COLUMBUS, OHIO 

1910. 



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CCLAS..68193 



CHAPTER i. 
Animals. 

I. Running at large. 

II. Pests; ground-hogs and English sparrows; bounties for killing. 

III. Dogs; sheep-killing dogs, etc.; sheep claims. 

IV. Mad dog, etc., reimbursement for injury by. 
V. Lien on animals for feed, care, get, etc. 

VI. Crimes and offenses relating to domestic animals, including cruelty to anitJalS. 
VII. Contagious diseases among animals; state board of Live Stock Commis- 
sioners. 
VIII. Letting horses for hire. 

IX. Speed contest of horses; regulations. 

I. Running at Large. 

What animals shall not run at large: The owner or keeper of 
a stallion, jack, bull, boar or buck, permitting it to go or be at large 
out of his own enclosure, shall forfeit ten dollars for the first offense 
and twenty-five dollars for each subsequent offense, to be recovered by 
a civil action in the name of the state of Ohio, before a justice of the 
peace of the township in which such owner or keeper may reside. Sucii 
forfeiture shall be paid into the common school fund of the township 
in which the suit is brought; and such suit must be brought within. 
sixty days after such animal is found to be at large. [5808] 

Certain animals not to run at large: A person or corporation'. 
being the owner or having the charge of horses, mules, cattle, sheep,, 
goats, swine, dogs or geese, shall not permit them to run at large m 
the public road, highway, street, lane or alley, or upon inclosed lanl 
or cause such animal to be herded, kept or detained for the purpose 
of grazing on premises other than those owned or occupied by the 
owner or keeper thereof, except -as provided in section fifty-eight hun- 
dred and eleven. [5809] 

Penalty: Whoever violates the provisions of the next preceding: 
section shall forfeit and pay for each violation not less than one dollar 
nor more than five dollars. Continued violation, after notice of prose- 
cution, shall be an additional offense for each day of such continuance, 
[5810] 

County commissioners may grant permission for animals to rua. 
at large: General permission may be granted by "the commissioners 
of a county for any animal named in section fifty-eight hundred an<! 
nine, to run at large. In counties where such general permission has 
not been so granted, township trustees may grant special permits for 
particular animals described therein, revocable at the discretion of such 
trustees upon three days notice in writing to the owner of such animaL 
Such permission, whether general or special, shall terminate on the first; 
Monday of March in each year. [5811] 

(1) 



& OHIO FARM LAWS. 

Permit for swine shall not be granted: A permit shall not be 
granted for swine to run at large; and if a person permits swine be- 
longing to him or under his control to run at large, he shall be de- 
prived of the benefit of any permit issued to him as to domestic animals 
and of any general permit issued by the county commissioners, and be 
subject to the forfeitures provided for in section fifty-eight hundred 
and ten. [5812] 

Duty of road superintendents: Road superintendents upon view 
or information, shall cause swine running. at large upon roads within 
their respective districts to be impounded and further proceedings had 
as provided in this chapter, and if such superintendent fails or refuses 
to perform the duty, he shall forfeit not less than two dollars nor more 
than five dollars for each offense. The trustees of the township shall 
retain the costs or fines that may be due and unpaid from the super- 
intendent for services rendered in his official capacity. [5813] 

How penalties collected, and disposition thereof: Suits to re- 
cover the penalties provided for in section fifty-eight hundred and ten 
shall be brought in the name of the state of Ohio, on complaint of a 
person aggrieved, before a justice of the peace, or other court having 
jurisdiction where the offense is committed. The person offending shall 
pay the amount of penalties adjudged, with costs. Money collected as 
penalties shall be paid into the treasury of the township where such 
offense was committed, for the use of common schools therein. [5814] 

No suit begun without notice: A prosecution shall not be com- 
menced to recover the penalties named in section fifty-eight hundred and 
ten until at least one day's notice has been given to the owner or keeper 
of such animal, and it shall be a sufficient defense to such prosecution 
to show that the animal was at large without the knowledge or fault 
of its owner or keeper. [5815] 

Owner of animal liable for damages: The owner or keeper of 
an animal described in section fifty-eight hundred and nine, who permits 
it to run at large in violation thereof, shall be liable for all damages 
caused by such animal upon the premises of another, without reference 
to the fence which may enclose such premises ; but such owner or keeper 
shall not be liable for damages arising to a railroad. [5816] 

Animal running at large may be treated as estray: A person 
finding an animal, mentioned in section fifty-eight hundred and nine, 
at large, contrary to law, may, and a constable of a township, road super- 
intendent in a township or village, or marshal or constable of a city or 
village, on view or information, shall take and confine it, forthwith giv- 
ing notice thereof to the owner, if known, and, if not known, by posting 
notices describing such animal therein, in at least three public places 
within the township. If the owner does not appear and claim the 
animal, and pay all charges for so taking, advertising and keeping it, 



ANIMALS. O 

within ten days from the date of such notice, the animal may be pro- 
ceeded with under the laws regulating estrays. [5817] 

Note — The law regarding estrays may be ascertained from any Justice of 
the Peace. 

What is prima facie evidence: Such animal running at large in 
or upon any of the places mentioned in section fifty-eight hundred and 
nine, shall be prima facie evidence that it is running at large contrary 
to the provisions thereof. [5818] 

If owner not in fault: If it is proven that such animal escaped 
from the owner or keeper thereof without his knowledge or fault, it 
shall be given to him upon payment of a reasonable compensation for 
such taking and keeping. [5819] : 

Fees for taking up animals: The person, road superintendent or 
officer taking such animal shall be entitled to charge and receive from 
the owner thereof the following fees in addition to those authorized by 
law regulating estrays, to-wit : for taking and advertising each horse 
or mule, one dollar ; each head of neat cattle, seventy-five cents ; each 
swine, fifty cents ; each sheep, dog or goose, twenty-five cents ; and a 
reasonable fee for keeping it. The fee for taking a single herd or 
flock shall not exceed five dollars, when such flock or herd belongs to 
one person. [5820] 

Pounds: The trustees of a township may procure or construct 
an inclosure or pound, wherein animals taken under the provisions of 
this chapter may be confined and they may appropriate, from the town- 
ship funds, not exceeding one hundred dollars for such purpose. If 
such trustees fail to build or erect such pound or inclosure, an owner 
or lessee of land in the township where stock is found running at large, 
contrary to law, may detain or keep them in a field, pen or stable, which 
shall be like in effect as though impounded in a pound erected by such 
trustees. [5821] 

Private pounds: Animals running at large, contrary to law, shall 
not be taken and confined in a private inclosure where such township, 
pounds have been provided. [5822] 

Pounds in incorporated villages: The council of an incorporated 1 
village may procure or construct an inclosure or pound wherein animals, 
taken within such village under section fifty-eight hundred and seventeen 
or an ordinance of such village, may be confined, and like notices shall 
be given and like proceedings had in such case as are required by such 
section. Such council may appropriate not exceeding one hundred dollars 
from the general fund of the village for such purpose. [5823] 

II. Pests; Ground-hogs and English Sparrows; Bounties for 

Killing. 
Bounty for killing ground-hogs: Whoever kills a wood-chuck 
or ground-hog, between the first day of March and the first day 0$ 
November, on taking the scalp of such animal to the clerk of the town- 



£ OHIO FARM LAWS. 

sMp wherein it was killed, shall receive a "certificate of ten cents for 
each scalp so produced. [5824] 

"Ground-hog fund": The township clerk shall not issue such 
certificate unless there is a fund in the township treasury set apart out 
©f the general fund of the township, or raised by a levy for such purpose, 
hy the township trustees, and known as the "ground-hog fund." The 
trustees of the township may create such fund, which in no year shall 
exceed the sum of two hundred dollars, and any part of the fund re- 
maining unexpended upon the first day of each year shall be credited 
to the general fund of the township. [2825] 

How paid: In a township in which there is to the credit of the 
ground-hog fund money unexpended, the clerk thereof upon receiving 
the scalp of such animal shall destroy it and issue his certificate to the 
person entitled to such fee on the treasurer of 'such township, for the 
amount due such person, payable out of the ground-hog fund of the 
township. Not more than two hundred dollars in each township in one 
year shall be expended for the purposes herein' named. The trustees 
shall allow the township clerk a reasonable compensation for the services 
herein required. Such scalp shall not be redeemed if it was taken from 
an animal captured or killed on the Sabbath day. [2826] 

Bounty for killing English sparrows: A bounty of twenty cents 
per dozen shall be allowed and paid, in the manner hereinafter pro- 
vided, for English sparrows killed in this state by an inhabitant thereof. 
[5827] 

Proof required of persons applying for bounty: A person apply- 
ing for such bounty shall take the heads of such sparrows, in lots ^ of 
not less than one dozen, to the clerk of the township, village or city, 
within which they were killed. Such clerk shall decide upon application, 
and, if correct, shall issue a certificate stating the bounty to which the 
applicant is entitled. He shall deliver it to the applicant and destroy 
such heads; but he shall not issue such certificate unless there is a fund 
in the township, village or city treasury out of which to pay it. [5828] 
"Sparrow fund": Such fund shall be set apart out of the general 
fund of the township, village or city, or raised by a levy for such 
purpose by the township trustees or council of the village or city, and 
shall be known as the "sparrow fund." Such trustees or such council 
mav create such fund, which in no year in a township or village shall 
exceed two hundred dollars, or five hundred dollars in a city. [5829] 
Unexpended balance: The part of such fund remaining unex- 
pended upon the first day of March in each year, may be credited to 
the general fund of such township, village or city. [5830] 

Payment; how made: Such certificate may be presented by the 
applicant or his agent to the city treasurer or the treasurer of the town- 
ship or village in which such sparrows were killed, who shall pay it 
©ut of the fund provided for such purpose. [5831] 



ANIMALS. 5 



III. Dogs; Sheep-killing Dogs; Sheep Claims, etc. 

When dog may be considered property: A dog which has been 
'listed and valued for taxation as personal property, and the tax upon 
such valuation and per capita tax upon such dog having been paid, if 
due, shall be considered as personal property and have all the rights 
and privileges and be subject to like lawful restraints as other live stock. 
A recovery shall not be had for the malicious and unlawful killing of 
such dog in excess of double the amount for which it is so listed. [5837] 

When dog may be killed; owner liable for damages: A dog that 
chases, worries, injures or kills a sheep, lamb, goat, kid, domestic fowl, 
domestic animal or person, can be killed at any time or place; and, if 
in attempting to kill such dog running at large a person wounds it, he 
shall not be liable to prosecution under the penal laws which punish 
cruelty to animals. The owner or harborer of such dog shall be liable 
to a person damaged for the injury done. [5838] 

When dog is a nuisance: The court or justice, before which the 
recovery is had for such injury, shall declare such dog to -be a common 
nuisance and order the defendant to kill it or cause it to be killed 
within twenty-four hours thereafter, or order a constable, marshal or 
sheriff to kill it. [5839] 

Damages for sheep killed or injured by dogs: A person damaged 
by the killing or injuring of sheep by a dog, may present a detailed 
account of the injury done, with damages claimed therefor, verified by 
affidavit at a regular meeting of the trustees of the township wherein 
the damage or injury occurred and within six months thereafter. Such 
account shall state the kind, grade, quality and value of the sheep so 
killed and the nature and amount of the injury, and present the testimony 
of at least two freeholders where the injury was done, who viewed the 
results of the killing or injuring and can testify as to the number, kind 
and grade, and who may give their opinion as to the quality and value 
thereof. [5840] 

What owner must prove: The person owning such sheep or hav- 
ing charge thereof must make it appear that such injury was not caused 
in whole or in part by an animal kept or harbored by him, or by an 
employe or tenant of the owner upon such owner's premises, and that 
he does not know whose animal committed the injury, or if known and 
such amount reduced to judgment, it could not be collected on execu- 
tion. [5841] ■ 

Other testimony: The township trustees shall receive any other 
information or testimony that will enable them to determine the value 
of the sheep so killed or injured. [5842] 

Registered sheep killed or injured: If the sheep killed or injured 
are registered sheep, the registration papers shall be filed with the 
trustees, showing the lines of breeding, age and other matters therein 



OHIO FARM LAWS. 



( .. „ tt e S heep kil'ed or injured are lambs eligible to registry, 
contained. U the sneep kh-cu ,. , ,, be filed with the 

the registry papers showing ; the lambs taN«J for , 

trustees, who shall allow the aetual vain > such heep 
breeding purposes, and may repe.ye _ ff^ ^ a ™^° ^ true value 

competent to testify. [^845] „„ liritv rothmis- 

hear additional testimony or receiye additional affiant M»* 

correet and just, to be paid out of the fund create I y P 

tax on dogs. Such claims, as are allowed in whole or m pa 



ANIMALS. C 

thirty days thereafter may take an appeal from such finding to the 
probate court of the county by filing, as party plaintiff, a petition in 
such court setting out the facts in the case as contended for by the 
owner. Proceedings shall be had thereon as provided by law in civil 
cases and the county commissioners shall be made party defendant. 
[5848] 

Proceedings in probate court: The probate court shall hear such 
proceedings as in equity and determine the value of the sheep killed or 
injured, provided that not more than three witnesses shall be called by 
each party. The amount found by such court shall be final and the 
judge thereof shall certify it to the. county commissioners when like 
proceedings shall be had as to payment thereof as if such amount had 
been found by the commissioners in the first instance. If an increased 
allowance is made by such court, the costs shall be paid equally by the 
parties, and if no increase is made, the plaintiff shall pay all the costs. 
[5849J 

Limit of amount: No amount shall be so allowed by the county 
commissioners or probate court for a head of registered sheep or lambs, 
eligible to registty, in excess of thirty dollars. [5850] 

IV. Mad Dog; Reimbursement for Injury by. 

Reimbursement of person injured by a mad dog or other animal: 

A person bitten or injured by a dog, cat or other animal afflicted with 
rabies, if such injury has caused him to employ medical or surgical 
treatment or required the expenditure of money, within four months 
after such injury and at a regular meeting of the county commissioners 
of the county where such injury was received, may present an itemized 
account of the expenses incurred and amount paid by him for medical 
arid surgical attendance, verified by his own affidavit or that of his at- 
tending physician ; or the administrator or executor of a deceased person 
ma3^ present such claim and make such affidavit. If the person so bitten 
or injured is a minor such affidavit may be made by his parent or 
guardian. [5851] 

Duty of county commissioners: The county commissioners not 
later than the third regular meeting, after it is so 'presented, shall ex- 
amine such account, and, if found in whole or part correct and just, 
may order the payment thereof in whole or in part, out of the general 
fund of the county; but a person shall not receive for one injury a 
sum exceeding five hundred dollars. [5852] 

V. Lien on Animals. 

Lien for care of animals: A person who feeds, furnishes food 
and care, or either, for any horse, mare, foal, filly, gelding, cattle, sheep, 
swine, mule or ass, by virtue of a contract with the owner or person 



ft OHIO FARM LAWS. 

having lawful possession thereof, express or ^ed JaU have a Hen 
S upon fueh animalto secure * W«* 3 1 ^ 

Sale of animal to satisfy «^ ! ,, A ^e "oalMy gelding, eattle, 
food and care, or either, for any ho e, ^j*^* ° the period f 
sheep, swine, mnle or ass, shall retatn sucn who 

ten days, at the ^«o^^^ lie „, he may sell the 
had lawful possession of it docs not satisfy s q{ ^ 

animal at public auction, after giving the owner^to , ^ ^ 

time and place of sale in a new paper of genera ^ ^ ^ 

county where the food was furmshed or tb e « ^ ^.^ ^ be 
lien and cost that accrue ar e sa " fi £ » y „ entitled to it . [8354] 

jack. [8355] enforce his lien 

Enforcement of hen: Such keeper or ^ ^ ^^ 

by replevin of the property efore »y ust.ee of t ^ ^ ^ ^ 
ship where it is found. Upon gaimn* po d s he may 

ten days' notice to the reputed o« ^ofh r« ^ ^ rf 

sell it at public sale after two weeks > ot.ee o ^ 

sale by notices posted up m five conspicuous an p 
township where proceedings in replevm are ^i P56] ^ 

Disposition of proceeds '^^ su ° Ut se „ ice , with the costs by 
he may retain the amount due him for «£ serv ^^ for 

him incurred in the replevin suit., H^ ™^ a ^ made t0 him> or his 
any surplus realized by the sa! .When payrn^ ^ ^ .^ 
^the^e^ HS for Z amount thereof, and stating 
for what paid. [8357] 

VI Crimes and Offenses Relating to Domestic Animals. 

Kilting or inking ^o^tie—: Whoever ***£ ™ 

or injures a horse, mare, foal, filly, '»* m ' of anot her, if the 

huh, heifer, or an ass, ox or w,ne, «p^ y ^ ^ 

va lue of the animal so ^in thl nemtentiary not less than one year 

rr «Z b «,r^ £-•£* «*-.*£: s s 

[13361] . .„„!„. Whoever, with in- 

Administering poison to domesttc an ma 1*- Who* ^ & 



ANIMALS. 9 

or an ass, ox, or swine, the property of another, shall be fined not less 
than fifty dollars nor more than two hundred dollars or imprisoned not 
more than thirty days, or both. [13362] 

Trespassing animals: The next two preceding sections shall not 
extend to a person killing or injuring an animal mentioned therein or 
attempting so to do while endeavoring to prevent it from trespassing 
upon his inclosure, while it is so trespassing or while driving it away 
from his premises, provided that, within fifteen days thereafter, pay- 
ment be made for damages done to such animal by such killing or injur- 
ing, less the actual amount of damage done by such animal while so 
trespassing, or a sufficient sum of money be deposited with the nearest 
justice of the peace within such time to cover such damages. Such 
deposit shall remain in the custody of such justice until there is a de- 
termination of the damages resulting from such killing or injury and 
from such trespass. Such justice and his bondsmen shall be responsible 
for the safe keeping of such money and for the payment thereof as for 
money collected upon a judgment and such justice shall be entitled to 
a fee of five per cent, for acting as such custodian. [13363] 

Selling diseased animals, allowing them at large or with other 
animals: Whoever, being the owner or having charge of a horse, 
mare, foal, filly, jack, mule, sheep, goat, cow, steer, bull, heifer, or an 
ass, ox, or swine, knowing it to have an infectious or contagious disease, 
other than foot-rot or scab in sheep, or to have been recently exposed 
thereto, sells, barters or disposes of it without first disclosing to the 
person to whom it was sold, bartered or disposed of that it is so dis- 
eased or has been so exposed, or knowingly permits it to run at large, 
or, knowing such animal to be so diseased, permits it to come in contact 
with such animal of another without his knowledge or permission, shall 
be fined not less than twenty dollars nor more than five hundred dollars 
or imprisoned not more than thirty days, or both. [13364] 

Selling or permitting diseased sheep at large: Whoever, owning 
or having charge of a sheep affected with foot-rot or scab, permits it to 
run upon a highway, common or uninolosed ground or sells it, having 
reason to believe it is so diseased, without disclosing the fact to the 
purchaser, shall be fined not more than one hundred dollars and be 
liable for all damages sustained thereby. [13365] 

Disposal of diseased bees or infected combs, etc.: Whoever, 
having diseased bees or their larvae or affected hives of combs, appli- 
ances or utensils for bee keeping, sells, barters or gives them away, or 
allows them or part thereof to be moved, shall be fined not less than 
ten dollars nor more than twenty-five dollars. [13366] 

Unauthorized disposal of bees, hives, etc.: Whoever, having bees 
which have been destroyed or treated for foul brood, sells or offers 
for sale bees, hives or appurtenances of any kind after such destruction 
or treatment, before being authorized by the bee inspector to do so, or 



iQ OHIO FARM LAWS. 

shall be lined not less than ten dollars nor more than twenty-five dollars. 
^Listing bee inspector: Whoever, ^j~£%£t 

iL-sraSrJr irthTt:: sss SfU 

d ° Ua ^ 3 to 8 Ul y with inst'ructions of inspector: Whocver-hav- 
i„g bees, knowing or having been notified ,n writing by .the te inspector 

•r H nr .rsrtxr r= :=™ - 

driven into this state, cattle wintered in the state o _,,... 



Carolina, North ^ rolina, Oklahoma, ^eorgi. jab = ***£ 

Louisiana, Tennessee, Arkansas or Texas, or cause ^ 

or conveyed* otherwise than is specified in the next succeeding* , 

a transportation company conveying into or through thts ^ 
stock yard company receiving catt e specified in the next prec g 
during *^^^££^JSXfi*« ^ yards 
SET -prided for that ^-^J^ 
in conformity to the rules prescribed by the board o 



ANIMALS. 11 

and regulations of the board of live stock commissioners. Proceedings 
against a railway company under such sections may be had in any county 
through which a portion of such company's road passes or in which its 
principal office is situated; and process may be served by leaving a copy 
at the office of such company within such county. [13372] 

NOTE — See also Sections 5832 to 5836 inclusive, as of the General Code of Ohio, 
for provisions prohibiting cattle infected with "Texas or Spanish fever", pleuro- 
pneumonia, rhinderpest or other contagious diseases from being brought into Ohio. 

Transporting a hog with cholera: Whoever transports a hog 
within this state, infected with cholera, shall be fined not more than five 
hundred dollars or imprisoned in jail not more than six months, or both, 
and be liable for all damages resulting from such disease thereby. This 
section shall not affect common carriers or their employes. [13373] 

Importing cattle with "Spanish fever": Whoever, except com- 
mon carriers not the owners of cattle transported by them, brings into 
this state cattle infected with the disease commonly known as the "Texas 
fever" or "Spanish fever" or cattle liable to infect others therewith, shall 
be fined not less than fifty dollars nor more than five hundred dollars. 
[13374] 

Altering ear-marks or brands of domestic animals: Whoever 
maliciously alters or 1 defaces an artificial ear-mark or brand upon a horse, 
mare, foal, filly, jack, mule, sheep, goat, cow, steer, bull, heifer, or an 
ass, ox, or swine, the property of another, shall be fined not more than 
fifty dollars or imprisoned not more than twenty days, or both. [13375] 

Cruelty to animals: Whoever overworks, overdrives, overloads, 
tortures, deprives of necessary sustenance, unnecessarily or cruelly beats, 
needlessly mutilates or kills or impounds or confines an animal and fails 
to supply it during such confinement with a sufficient quantity of good, 
wholesome food and water, or carries or conveys it in a cruel or in- 
human manner, or keeps cows or other animals in- an inclosure without 
wholesome exercise and change of air, or feeds cows on 'food that pro- 
duces impure or unwholesome milk, or abandons to die an old, maimed, 
sick, infirm or diseased animal, or works it, or, being a person or. cor- 
poration engaged in transporting live stock, detains such stock in railroad 
cars or compartments longer than twenty-four hours after they are so 
placed without supplying them with necessary food, water and atten- 
tion, or permits such stock to be so crowded as to overlie, crush, wound 
or kill each other, shall be fined not less than two dollars nor more than 
two hundred dollars for the first offense, and for each subsequent offense 
such person shall be fined not less than ten dollars nor more than two 
hundred dollars or imprisoned not more than sixty days, or both. Noth- 
ing herein shall prevent the dehorning of cattle. All fines collected for 
violations of this section shall be paid to the society or association for 
the prevention of cruelty to animals, if there be such in the county, 
township, village or city where such violation occurred. [13376] 



12 



OHIO FARM LAWS. 



Docking tail of horse, or pulling out hairs: Whoeyer, bcm^the 
owner or having the custody, control or possession of a horse, mare, 
gilding, foal or filly, or an agent or employe of such owner or custod an, 
cus off or causes to be cut off or amputated the skin, flesh, muscles, 
bone and integuments of the dock or tail thereof, in order to shorten 
its natural length or proportions, or pulls out or causes to be pulled 
out the hairs of the foretop, mane or withers thereof, shall be fined not 
less than twenty-five dollars nor more than two hundred dollars or im- 
prisoned in jail or a workhouse not more than six months, or both and 
for each subsequent offense, shall be fined not more than five hundred 
dollars and imprisoned in jail or a workhouse one year. . If it be neces- 
sary in case of accident, malformation or disease affecting the dock or 
tail of a horse, mare, gelding, foal or filly, such cutting or amputation 
shall be lawful. [13377] 

Dog-fighting, cock-fighting, etc.: Whoever engages in or is em- 
ployed at dog-fighting, cock-fighting, bear-baiting, pitting an animal against 
another, or cruelty to animals, or receives money for the admission of 
another to a place kept for such purpose, or uses, trains or possesses a 
do- or other animal for seizing, detaining or maltreating a domestic 
animal, shall be fined not less than five dollars nor more than one hun- 
dred and fifty dollars or imprisoned not less than ten days nor more 
than thirty days. Whoever knowingly purchases a ticket of admission 
to such place, or is present thereat, or witnesses such spectacle, shall be 
an aider and abettor. [13378] 

Taking, using, etc., horse, mule, etc., without leave: Whoever 
wrongfully takes or unhitches a horse, mare, gelding, foal filly or mule, 
or an ass from a place where such animal has been lawfully hitched or 
placed, without the consent of the owner thereof, with intent to injure 
set at large or use such animal, shall be fined not more than twp hundred 
dollars or imprisoned not more than ninety days, or both. \16dM\ 

Trap shooting with live birds: Whoever engages in trap shoot- 
ing where and when the object shot at is a living bird or fowl, shall be 
fined not more than one hundred dollars or imprisoned not more than 
. thirty days, or .both. [13380] ;" ■ 

-Carrier" pigeons: Whoever, not being the owner thereof, shoots, 
kills or maims an Antwerp or homing pigeon, commonly known as 
-carrier" pigeon, or entraps, catches or detains a carrier pigeon pro- 
vided it has the name of the owner stamped upon its wing or tail or a 
band with the owner's name, initial or number on its leg, shall be fined 
not less than ten dollars nor more than twenty-five dollars. [ld&Sl] _ 
Veterinary surgeon: Whoever engages in the practice of veteri- 
nary medicine or surgery in violation of any provision of law, shall be 
fined not less than ten dollars nor more than twenty-five dollars, and for 
each subsequent offense shall be fined not less than fifty dollars nor more 
than one hundred dollars or imprisoned in jail not more than sixty days, 



ANIMALS. 13 

or both. This section shall not prohibit veterinary advice or service in 
cases of emergency, if rendered by a person not entitled to practice or 
apply to animal castration and dehorning of cattle. [13382] 

Fraudulent entry of horse in contest of speed: Whoever know- 
ingly enters or causes to be entered for competition in a contest of 
speed for a purse, prize, premium, stake or sweep-stakes offered or given 
by an agricultural or other society, association, or person, a horse, mare,, 
gelding, colt or filly under an assumed name or out of its proper class 
shall be imprisoned in the penitentiary not less than one year nor more 
than three years. [13159] 

Driving painted or disguised horse for premium: Whoever, for 
the purpose of competing for purses or premiums, designedly enters or 
drives a horse, gelding,-' mare, colt or filly which has been painted, dis- 
guised or represents one other than that which is purported to be entered,, 
or designedly drives it in a class to which it does not properly belong,, 
shall be imprisoned in the penitentiary not less than one year nor more 
than three years. [13160] 

Misrepresentation or fraudulent concealment in speed contest:, 
Whoever knowingly misrepresents or fraudulently conceals a public per- 
formance in a. former contest of trial of speed of a horse, gelding, mare*, 
colt or filly which he proposes to enter or enters for competition for n 
purse, prize, premium, stake or sweep-stakes, offered or given by an 
agricultural or other society, association or person, shall be imprisoned 
in the penitentiary not less than one year nor -more than three years„ 
[13161] 

Unlawful obtaining of registry or transfer in a herd book: Who- 
ever, by false pretense, obtains from a register of a club, association,, 
society or company for improving the breed of jersey cattle, a certificate 
of registration of an animal, or a transfer of such registration, or know- 
ingly gives a false pedigree of a jersey animal, shall be fined not more 
than five hundred dollars or imprisoned not more than six months, or 
both. Such offender may be prosecuted in the county in which such cer- 
tificate of registration or transfer has been obtained or in the county 
where such false pretense has been made. [13162] 

Serving mare within thirty feet of street or alley; penalty: Who- 
ever, being the owner or his agent, of a stallion or jack, permits it to 
serve a mare within thirty feet of a public street or alley in a munic- 
ipal corporation, shall be fined not less than five dollars nor more than 
twenty-five dollars. • [13414] 

Riding or driving animal into enclosures of railroads, etc.: Who- 
ever, at a place other than a private crossing, or^for a purpose other 
than crossing a railroad, rides or drives a horse or other domestic animal 
into an enclosure of a railroad or knowingly permits such animal to go 
into or to remain in such enclosure, or places within it feed, salt or 
other thing to induce such animal to enter into such inclosure or upon 



1£ OHIO FARM LAWS. 

the track of such railroad, or, while constructing a private crossing 
* e t» railroad at a private crossing, pernuts a fence to ranatn 
down or open for a longer time than is necessary. to construct or use 
2S shall he fined uot more than ten dollars or impnsoned 
not less than ten days nor more than thirty days. [1^544] 

VII. Contagious Diseases Among Animals, etc 

The State Board of Live Stock Commissioners are given full con- 
trol Jnd jurisdiction in cases of contagious diseases ^ among hve sock 
wherein it is necessary to quarantine or kill such stock, etc. Anyreader 
If this book desiring full information regarding the ^*t g ^t- 
of the board in such cases may obtain the same by^xp V™*.™* 
sire in a communication addressed to said board at Columbus, Ohio. 

VIII. Letting Horses for Hire. 

One who hires a horse is bound to use such horse for the identical 

srvur tzs r £ a? r ='{= ti2 

Tf A in Columbus, let a horse to B to he driven to London, Ohio 
nearer but not a more circuitous one, unless agreed with A and he 



tract. 



.„ -s£-i=srs."Sia£ts at as "-• 
-"i ,";"-".•-„„ ,.,.. ,. .«- . ■•- >- •• •; •— 

of the Zetter. kicking or vicious horse with- 

HitCWn f i'T ^T^ ^ ot'dSxJ, an! * ? or loss ™« 

The above regulations apply to all ammals usually let for lure. 
See Swan's Treatise, pp. 449-451. 



ANIMALS. 15 



IX. Speed Contest of Horses; Regulations. 

Change of name for purpose of entry: The name of a horse, 
mare, gelding, _ colt or filly for entry for competition in a contest of 
speed, shall not be changed after having contested for a prize, purse, 
premium, stake or sweepstake, except as provided by the printed rules 
of the society or association under which such contest is advertised to 
be conducted. [5864] 

Determination of class for purpose of entry: The class to which 
a horse belongs for an entry in such contest of speed shall be deter- 
mined by its public performance in former contests or trials of speed, 
as provided by the printed rules of the society or association under 
which such contest is advertised to be conducted. [5865] 

Fraudulent entry of horse in speed contest; penalty: See "crimes 



CHAPTER 2. 
Bees. 

L Inspection of apiaries and taxation of bees. 

II. Protection of property in bees. 

III. Ownership of bees -in flight. 

IV. Bee-trees, bees and honey. 

Y. Bees as a nuisance. 

VI, Owner liable for damages caused by bees, when. 

TIL Penalties. 

I. Inspection of Apiaries. 

Appointment of bee inspector: When three or more residents 
of a county, each the possessor of an apiary or place where bees are 
kept, present a petition to the board of county commissioners stating 
that an apiary within such county is infected with the "foul brood" or 
•other diseases injurious to bees or their larvae, and praying that an 
.inspector be appointed, such board, within five days thereafter, may 
appoint a resident of such county as bee inspector. Such inspector shall 
be a bee keeper and have thorough knowledge of "foul brood" and other 
diseases injurious to bees or their larvae and must understand the treat- 
ment thereof. [5853] 

Vacancy: Within five days after such appointment such in- 
spector shall file with such board his written acceptance of the office, 
or in default thereof or in case of vacancy, the board, in a like manner, 
shall make an appointment to fill such office. [5854] 

Term of office, etc.: Such inspector shall hold office for two 
years and until his successor is appointed and qualified, but, upon peti- 
tion of ten persons, residents of such county and possessors each of an 
apiary and after "a hearing thereupon, the county commissioners may 
remove him for cause. [5855] 

Complaint to inspector: A bee keeper or other person having 
cause to believe that an apiary in the county in which he resides, is 
Infected with "foul brood" or other disease, may make an affidavit 
stating that he believes that a certain apiary is infected with "foul 
brood" or other disease. Such affidavit shall state the ground for such 
belief, describe the location of such apiary and name its owner or 
keeper. [5856] 

His duties: On receiving the affidavit the county inspector of 
bees shall forthwith inspect each colony of bees and the hives, imple- 
ments, apparatus, honey and supplies on hand or used in connection 
with such apiary. He shall notify the owner of such bees, or person 

(16) 



BEES. 17 

in charge thereof, in writing designating each colony or apiary which is 
infected, to treat such diseased colonies as he may prescribe. [5857] 

Owner's duties: The owner or person in charge of such bees 
shall comply with such notice within the time therein named and also 
thoroughly disinfect, to the satisfaction of such inspector, the hives, bee 
houses, combs, honey and apparatus which have been used in connection 
with such diseased colony, or he may completely destroy them within 
the time prescribed by the inspector. He shall kill the bees by the use 
of sulphur fumes when they are in the hives for the night, and burn 
other property or bury it in the ground not less than two feet below the 
surface. [5858] 

Inspector may enter premises; clothing and person disinfected: 
The inspector of bees may enter the premises of a bee keeper where 
bees are kept and inspect them. After inspecting, working with, or 
handling infected hives or fixtures, or diseased bees, the inspector or 
person so doing, before leaving the premises or proceeding to another 
apiary, shall thoroughly disinfect his clothing and person and see that 
each assistant with him thoroughly disinfects his clothing and person. 
[5859] \ 

Inspector may order bees removed to movable frame hives: Such 
inspector may order an owner- or keeper of bees dwelling in box hives, 
being mere boxes without frames, in apiaries where disease exists, to 
transfer such bees to movable frame hives within a specified time, and 
in default of such transfer, such inspector may destroy such box hives 
and the bees dwelling therein. [5860] 

Penalty for disobeying prders of inspector: When the owner or 
keeper of bees disobeys the orders of a bee inspector in curing or de- 
stroying diseased bees, hone}^, hives or appliances, such inspector shall 
forthwith destroy such bees, honey, hives or appliances and may dep- 
utize additional persons if necessary to effect such destruction. [5861] 

Inspector's monthly report: The bee inspector shall make a 
monthly report in writing, under oath, to the board of county commis- 
sioners, stating the days and number of hours in the preceding month 
spent by him in the actual discharge of his duties, the name of the 
owner or keeper, and the location of the apiary upon which such time 
was spent in curing or destroying such bees, with an itemized account, 
showing the dates and amounts, for what incurred, the money spent in 
the discharge of his duties, to whom paid, and for what services and 
considerations such indebtedness was incurred, and accompany such re- 
port with the affidavits given him under and in pursuance of this sub- 
division of this chapter and make a complete report of all he did and 
the results of his treatment of the apiary. [5862] 

Compensation of inspector: After the inspector, of bees makes 
the report provided in the next preceding section, the county commis- 
2 o. F. i,. 



18 OHIO FARM LAWS. 

sioners shall allow to such inspector two dollars for a full day, and one 
dollar for each half day, necessarily and actually employed in the dis- 
charge of his duties, with the necessary and actual expenses while so em- 
ployed, to be audited, allowed and paid by the county treasurer upon the 
warrant of the county auditor: [58G3] 

II. Protection of Property in Bees. 

Disturbing and carrying away bees, honey, etc.: Whoever un- 
lawfully enters the premises of another for the purpose of disturbing 
and carrying away any box, gum, or vessel containing bees or honey, 
etc., ***'";* shall be fined not more than five hundred dollars, or 
imprisoned not more than sixty days, or both. [12445] 

III. Ownership of Bees in Flight. 

A swarm of bees going from the hive could be reclaimed if they 
could be followed and were known. Merrills vs. Goodwin, 1 Root 209 ; 
and whoever shall pursue the swarms which belong to others, and by 
striking on the brass shall draw them with the delightful sound to fix 
near him, let him make restitution for the damage. Puff endorf s Law of 
Nature, 4 Chap. 6, Sec. 5, quoting Plato's Laws. 

"Bees are wild by nature; therefore, although they swarm upon 
your tree, they are not reputed, until they are hived by you, to be more 
your property than the birds which have- nests there; so, if any person 
inclose them in a hive he becomes the proprietor. The honey-combs 
also, if any, become the property of him who takes them; but clearly, 
if you observe any person entering into your grounds, the object [bees] 
untouched [by the intruder intending to take the bees] you may justly 
hinder him. A swarm which hath flown from your hive is still reputed 
to continue yours as long as it is in sight; and may easily be pursued^; 
but in any other case it will become the property - of the occupant. 
Cooper's Justinian Inst. Lib. 2 Tit. 1, Sec. 14. 

IV. Bee-trees, Bees and Honey. 

The mere finding of bees in a tree on the land of another person 
gives the finder no right to the bees or to the tree.. State vs. Repp, 104, 
Iowa, 305. 

A trespasser who finds bees on the land of another and hives them, 
but is not the owner of the hive in which he puts or the land on which 
he leaves them, has no interest in them which is the subject of larceny. 
State vs. Repp, 104 Iowa, 305. 

Where a man discovered bees in a tree on the land of another and 
marked the tree with the initial of his name, such finder is not vested 
with any exclusive right of property in the bees, and could not maintain. 



BEES, 19 

-an action against another person for cutting down the tree and carrying 
away the bees. Gillet vs. Mason, 7 Johns, 16. 

Bees are animals ferae naturae, but when hived and reclaimed a 
qualified property may be acquired in them. — Gillet vs. Mason, 7 Johns 16. 

Wild bees in a bee tree belong to the owner of the soil where the 
tree stands. — Ferguson vs. Miller, 1 Cow, 243. 

Though a person obtains leave from the owner to take them this 
does not confer ownership upon him until he has taken actual possession 
of the bees, and another person also with such leave, first obtaining 
possession, acquires the title. — Idol vs. Jones, 2 Dev. L. 162. 

If a person finds a tree containing a hive of bees on the land of 
another, and marks the tree, he does not thereby reclaim the bees, and 
he can not maintain an action against another person for carrying away 
the bees and honey. — Gillet vs. Mason. 

Bees when hived are the property of the one who has reclaimed 
them, although they temporarily escape. — Goff vs. Kilts, 15 Wend. 550; 
Walter vs. Mease, 3 Binn 546. 

V. Bees as a Nuisance. 

Bees may become a nuisance, as where they interfere with the owner 
of adjoining premises in the use and enjoyment of the same. Olmstead 
vs. Rich, 25 N. Y. R. S. 271. 

VI. Owner Liable for Damage Caused by Bees; Where. 

The owner of bees may be liable for negligence in locating them 
where persons or animals will be exposed to attack in parsing or stand- 
ing near the hives was decided in the case of Parsons vs. Mansen, 119 
Iowa, 88. The court in rendering the decision used the following lan- 
guage : 

"A keeper of bees must exercise ordinary prudence in locating their 
hives so as to avoid unnecessary danger to those who are likely to make 
lawful use of the premises or the highway near by; so, such keeper 
may be found guilty of negligence in locating their hives within a few 
feet of a post which he has fixed for fastening horses, where he knows 
that they are prone to attack perspiring horses." 

VII. Penalties for Disposing of Diseased Bees, Resisting Bee In- 
spector or Failing to Comply With Instructions of Inspector. 

See "crimes and offenses relating to domestics animals" in Chapter 
1 on Animals. 



CHAPTER 3. 

Boundary Lines. 

Owners of adjoining tracts may fix corner or division or boun- 
dary line in a written instrument: When the owners of adjoining 
tracts of land, or of lots in a municipal corporation, agree upon or fix, 
in a written instrument, the site of any corner or line, common to such" 
tracts or lots, containing a pertinent description of such corner or line, 
either with or without a plat, executed, acknowledged and recorded as 
is prescribed with respect to deeds, such corner or line shall thenceforth 
be deemed fixed and established as between the parties to such agree- 
ment, and all persons subsequently deriving title from them. [8533] 

Record of such agreement, etc.: Such agreement shall be re- 
corded by the recorder, in the book in his office in which surveys are 
recorded ; and the original agreement, after being so recorded, or a duly 
certified copy thereof from the record aforesaid, shall be competent 
evidence in any court in this state against any party to such agreement, 
or person in privity with him. * * * [8534] 

Note — Boundaries may be fixed by an adverse holding for twenty-one years. 
30 O. S. 409. 

Twenty-one years' occupancy upon a division line mutually agreed upon bars a 
right to resort to the true line, though it be certain. 18 C. C. 552. 

Where stream is boundary line: When the thread of a stream 
is the boundary line, a change in it changes the boundary. 26 O. S., 45. 

Where a deed calls for an object on the bank of a stream, thence 
with the course of the bank, the stream at low-water mark, is the bound- 
ary. Lamb vs. Ricketts, 11 Ohio, 311. 

Where the owner of land is bounded by a stream, he owns to the 
center of the stream, subject to the easement of navigation, etc., but to 
calculate the quantity in a survey, no reference is had to what lies be- 
tween low-water mark and the center of the stream. 11 Ohio, 311. 

Land in the Ohio River, lying between high and low water mark, 
is not common to the public, but may be conveyed by the adjacent pro- 
prietor whose land bounds on the river. Blanchard vs. Roster et al, . 11 
Ohio, 139. 



20 



CHAPTER 4. 

Chattel Mortgages. 

Mortgage of chattels void, unless filed: A mortgage, or con- 
veyance intended to operate as a mortgage, of goods and chattels, which 
is not accompanied by an immediate delivery, and followed by an actual 
and continued change of possession of the things mortgaged, shall be 
absolutely void as against the creditors of the mortgagor, subsequent 
purchasers, and mortgagees in good faith, unless the mortgage, or a true 
copy thereof, be forthwith deposited as directed in the next succeeding 
section. [8560] 

Where chattel mortgages to be deposited: The instruments men- 
tioned in the next preceding section must be deposited with the county 
recorder of the county where the mortgagor resides at the time of the 
execution thereof, if a resident of the state, and if not such resident, 
then with the county recorder of the county in which the property so 
mortgaged is situated at the time of the execution of the instrument. 
[8561] 

When and how mortgage renewed: Every mortgage so filed 
shall be void, as against the creditors of the person making it, or against 
subsequent purchasers or mortgagees in good faith, after the expiration 
of three 1 years from the filing thereof, unless, within thirty days next 
preceding the expiration of such term of three years, a true copy of 
such mortgage, together with a statement, verified as provided in the 
next preceding -section, together with a statement exhibiting the interest 
of the mortgagee in the property at the time last aforesaid, claimed by 
virtue of such mortgage, is again filed in the office where the original 
was filed. [8565] 

Penalty for removing mortgaged personal property out of the 
county: Whoever, being a mortgagor of personal property and in 
possession thereof, without consent of the owner of the claim secured 
by mortgage, removes any of the property mortgaged out of the county 
where it was situated at the time it was mortgaged, or secrets or sells it, 
or converts it to his own use, with intent to defraud, shall be fined not 
more than five hundred dollars or imprisoned not more than three months, 
or both. [12476] 

Notes — An infant who purchases a chattel and gives a mortgage to secure pay- 
ment, can not avoid the mortgage without also avoiding the purchase. Curtis vs. Mc- 
Dougal, 26 Oh. St. 66. 

The interest of a mortgagee under a chattel mortgage is that of a general owner 
of the property mortgaged, and when there is no reservation of the right to the pos- 
session in the mortgagor, the mortgagee is entitled tfc the possession. Robinson vs. 
Fitch, 26 O. S. 659. 

See chapter on "Business Forms" for form of chattel mortgages. 

(21) 



CHAPTER 5. 

Contracts. 

The essential elements of every good and valid contract are, First, 
parties competent to contract; Second, agreement; Third, subject matter; 
Fourth, sufficient consideration; Fifth, the object proposed by the con- 
tract must be legal. 

Competent parties are those of full age and sound mind, and 
not under any restraint or undue influence. Full age means twenty-one 
years for males and eighteen years for females. Persons under these 
years are called infants. With reference to the contracts of infants, 
Swan in his treatise says : "'All contracts of an infant, except tor neces- 
saries, are, in general, either void or voidable. If the infant live with 
his father or guardian, and their care and protection are duly exercised, 
he can not bind himself for necessaries." 

Married women may make contracts without consent or advice of the husband. 
Sec. 7999 ( General Code of Ohio. 

Agreement means an offer by one of the parties, and its accept- , 
ance by the other. The acceptance must be made at the time of the 
offer, or within the time which is agreed between the parties that the 
offer shall be left open for acceptance. 

Notes -When an offer is made by mail, the acceptance is binding from the 
time it is posted; and this is true even if the offer had been withdrawn at the 
time the acceptance was' mailed, providing such withdrawal had not yet reached the 
party accepting. Kemper vs. Colm, 47 Ark.. 519. «.-■*„,„, 

One bidding at an auction may withdraw his bid at any time before the ham- 
mer is down; so, the auctioneer may refuse to bring the hammer down if the last 
and highest bid seem unsatisfactory . or too low. When the hammer is down both 
parties are bound; before it falls both parties have the greatest freedom. 2 Add!- 
son on Contracts, § 510. 

The thing about which the contract is made must be in existence 
at the time the contract is made, and it must be of the kind and quality 

agreed upon. 

The question of consideration, price, and its sufficiency, is a mat- 
ter for courts to deal with, only where there is found deceit or undue 
influence. The court will not interfere in what is simply a bad bargain. 

NOTE -The essential features of misrepresentation which will suffice to 
a contract, are: 1. That false representations as to material facts were made I. 
That the party making them tnew they were false. 3. That the party deceived was 
ignorant oT the ™lsit?, and believed them true. 4. That they were made that they 
should be acted upon. 5. That they were acted upon, and the party was injured 
thereby. 33 O. S. 283. 

(22) 



_ -~~ 



CHAPTER 6. 
Conveyances of Real Property. 

I. Conveyances in general. 
IT. Deeds, mortgages and leases. 
III. Deed and conveyances which are void. 

I. Conveyances in General. 

Conveyance in its general sense, includes all instruments whicli 
operate to transfer the title to land. 1 Warville on vendors 333. 

A deed is "a writing by which lands, tenements or hereditaments 
are conveyed for an estate not less than a freehold." Devlin on Deeds, 
§5. 

"A mortgage is a conveyance of an estate by way of pledge for the 
security of a debt, and to become void on the payment of the debt." 

A lease is the contract which creates the relation of landlord and 
tenant between the parties. No precise form of words is necessary. 77 
Ind. 185. 

Notes — A warranty deed warrants and defends the title, conveyed. 

A quit claim deed is a vehicle of title, conveying to the grantee such title as 
the grantor has, and to that extent it is as operative as any deed can be. 9 Ohio, 
96. It is merely a release of the interest which the grantor holds in the land. 

Abstract of title: An abstract of title is a summary of facts 
relied upon as evidence of title. It must contain notes of all convey- 
ances, transfers, and other facts supporting the claimant's title, together 
with all such facts appearing on record as may impair it. 

II. Deeds, Mortgages and Leases. 

Essential features of a good conveyance: The following are 
all the essential features of a good conveyance, whether it be a war- 
ranty, quit-claim or mortgage deed, or lease : A sufficient writing ; proper 
parties, grantor and grantee ; a thing to be granted ; a valid considera- 
tion; execution, including signing, attestation, witnesses, and acknowl- 
edgment ; delivery and acceptance ; recording. 

i. Sufficient Writing: There must be every statement necessary 
to make up all the requisite of the deed. 

2. Proper parties: Proper parties as grantors are those who 
own property and have capacity to convey it. All persons except infants 
and insane persons have capacity to convey. Persons under duress and 
drunken persons may avoid their deeds made under such conditions. 

3. Thing to be granted: There must be some interest in land to 

(23) 



24 



OHIO FARM LAWS. 



be conveyed by the deed and it must be sufficiently described therein to 
admit of easy identification. 

4. Valid Consideration: The consideration must be good or val- 
uable. A promise of marriage is sufficient consideration, so is love and 
affection. The amount of money expressed does not enter into question 
when a deed is before the courts, unless there is evidence of fraud. 

5. Execution and acknowledgement of deeds, mortgages and 
leases: A deed, mortgage, or lease of any estate, or interest in 
real property, shall be signed by the grantor, mortgagor, or lessor, and 
such signing shall be acknowledged by the grantor, mortgagor or lessor, 
in the presence of two witnesses, who shall attest the signing and sub- 
scribe their names to the attestation, and such signing shall also be 
acknowledged by the grantor, mortgagor or lessor before a judge of 
a court of record in this state, or a clerk thereof, a county auditor, 
county surveyor, notary public, mayor or justice of the peace, who shall 
certify to- acknowledgment on the same sheet on which the instrument 
is written or printed, and subscribe his name thereo. [8510] 

Note — If the grantor can not write, he may request some one present to sign 
for him, and by affixing his mark to the signature adopts it as his own. 

6. Delivery and acceptance: Delivery of a conveyance is the 
placijig of the same in permanent possession of the person in whose 
favor or for whose benefit it is executed, or his duly authorized agent. 
The acceptance is the receiving of the conveyance by such person, accord- 
ing to its terms. 

7. Recording: The recording is the filing of the instrument 
(deed, mortgage or lease) in the office of the county recorder, of the 
county wherein the real estate conveyed is situate, and until so filed for 
record, the same will be deemed fraudulent, so far as relates to a 
subsequent bona fide purchaser having, at the time of purchase, no 
knowledge of the existence of such former deed or instrument. 

III. Deeds and Conveyances Which are Void. 

Deeds, etc., made in trust for benefit of grantor, void: All deeds 
of gifts and conveyances of goods and chattels, made in trust to the 
use of the person or persons making the same, shall be, and hereby are, 
declared to be void and of no effect. [8617] 

Gifts, grants, etc., to defraud creditors, void: Every gift, grant, 
or conveyance of lands, tenements, hereditaments, rents, goods or chattels, 
and every bond, judgment or execution, made or obtained with intent 
to defraud creditors of their just and lawful debts or damages, or t<$ 
defraud or to deceive the person or persons purchasing such lands, tene- 
ments, hereditaments, rents, goods or chattels, shall be deemed utterly 
void and of no effect. [8618] 

See chapter on "Business Forms" for forms of deeds, mortgages and 
leases. 



CHAPTER 7. 
Dairy and Food Laws. 

I. Butter. 

II. Milk. 

III. Maple sugar and syrup. 

IV. Vinegar. 

Only such laws as apply directly to the farmer are set out here. 
Those persons engaged in the extensive manufacture of butter, cheese, 
wines, vinegar, etc., are not considered as belonging to the farming class 
and it would not be proper t6 burden this book with all the provisions 
of the law relating to those industries. 

I. Butter. 

Mixing improper articles with butter or cheese: Whoever manu- 
factures, mixes, compounds with or adds to pure milk, cream, butter or 
cheese, animal fat, animal, mineral or vegetable oils, acids or other 
deleterious ingredients, or manufactures an oleaginous or other sub- 
stance not produced from pure milk. or cream, salt and harmless coloring 
matter, or has in his possession or sells, offers or exposes it for sale 
or exchange with intent to sell or dispose of it as and for butter or 
cheese made from unadulterated milk or cream, salt and harmless color- 
ing matter, shall be fined not less than fifty dollars nor more than two 
hundred dollars, and, for each subsequent offense, shall be fined not 
less than one hundred dollars nor more than five hundred dollars and 
imprisoned not less than ten days nor more than ninety days. [12752] 

II. Milk. 

Definition o£ adulterated milk: In all prosecutions under this 
chapter, if milk is shown upon analysis to contain more than eighty- 
eight per cent of watery fluid, or to contain less than twelve per cent. 
of solids or three per cent, of fats, it shall be deemed to be adulterated. 
[12716] 

Sale of adulterated milk: Whoever sells, exchanges, or delivers, 
or has in his custody or possession with intent to sell or exchange, 6r 
exposes or offers for sale or exchange, adulterated' milk, or milk to 
which water or any foreign substance has been added, or milk from 
cows fed on wet distillery waste or starch waste, or from cows kept 
in a dairy or place which has been declared to be in an unclean or un- 
sanitary condition by certificate of any duly constituted board of health 

(25) 



26 OHIO FARM LAWS. 

or duly qualified health officer within the county in which said dairy is 
located, or from diseased or sick cows, shall be fined not less than fifty 
dollars nor more than two hundred dollars; and, for a second offense, 
shall be fined not less than one hundred dollars nor more than three 
hundred dollars, or imprisoned in the jail or workhouse not less than 
thirty days nor more than sixty days. [12717] 

Penalty for subsequent offense: For a subsequent offense, a 
person violating the next preceding section shall be fined fifty dollars 
and imprisoned in the jail or workhouse not less than sixty days nor 
more than ninety days. [12718] 

Misrepresentation as to pure milk: Whoever sells, exchanges, 
delivers or has in his custody or possession with intent to sell or ex- 
change, or exposes or offers for sale as pure milk, any milk from which 
the cream or part thereof has been removed, shall be fined not less than 
fifty dollars nor more than two hundred dollars. For a second offense 
he shall be fined not less than one hundred dollars nor more than three 
hundred dollars or imprisoned in the jail 'or workhouse not less than 
thirty days nor more than sixty days, and, for a subsequent offense, 
shall be fined fifty dollars and imprisoned in the jail or workhouse not 
less than sixty days nor more than ninety days. [12719] 

Skimmed milk: 'Whoever sells, exchanges, delivers or has in his 
custody or possession with intent to sell, exchange or deliver, milk from 
which the cream or part thereof has been removed, unless in a conspicu- 
ous place above the center and upon the outside of each vessel, can or 
package, from which or in which such milk is sold, the words "skimmed 
milk" are distinctly marked in uncondensed gothic letters not less than 
one inch in length, shall be fined not less than fifty dollars nor more 
than two hundred dollars. [12720] 

Subsequent offense: For a second offense, a person violating 
the next preceding section shall be fined not less than one hundred 
dollars nor more than three hundred dollars or imprisoned in the jail 
or workhouse not less than thirty days nor more than sixty days, and, 
for a subsequent offense, shall be fined fifty dollars and so imprisoned 
not less than sixty days nor more than ninety days. [12721] 

Standard milk measure or pipette: Whoever uses a standard 
measure of milk or cream other than that which is defined in this 
section, where milk or cream is purchased by or furnished to creameries 
or cheese factories and where the value of such milk or cream is de- 
termined by the per cent of butter fat contained therein by the Babcock 
test, shall be fined not less than twenty-five dollars nor more than one 
hundred dollars. In the use of the Babcock test the standard milk 
measures or pipettes shall have a capacity of 17.6 cubic centimeters and 
the standard test tubes or bottles for milk shall have a capacity of two 
cubic centimeters for each ten per cent, marked on the necks thereof. 



DAIRY AND FOOD LAWS. 27 

The standard unit of cream for testing shall be eighteen grams. [12722] 
Selling or offering incorrectly marked measures: Whoever offers 
for sale or sells a milk pipette or measure, test tube or bottle which is 
not correctly marked or graduated as provided in the next preceding 
Section, shall be fined not less than twenty-five dollars nor more than 
one hundred dollars. [12723] 

Manipulating the Babcock test: Whoever, at a cheese factory, 
creamery, condensed milk factory or other place where milk is tested 
for quality or value, manipulates, underreads or overreads the Babcock 
test or any other contrivance used for determining the quality or value 
of milk or cream, or makes a false determination by the Babcock test 
or otherwise, shall be fined not less than twenty-five dollars nor more 
than one hundred dollars. [12724] 

Condensed milk: Whoever manufactures, sells, exchanges, ex- 
poses or offers for sale or exchange, condensed milk unless it has been 
made from pure, clean, fresh, healthy, unadulterated and wholesome milk, 
from which the cream has not been removed and in which the proportion 
of milk solids shall be the equivalent of twelve per cent, of milk solids 
in crude milk, twenty-five per cent, of such solids being fat, and unless 
the package, can or vessel containing it is distinctly labeled, stamped or 
marked with its true name, brand, and by whom and under what name 
made, shall be fined not less than fifty dollars nor more than two hun- 
dred dollars, and, for each subsequent offense, shall -be fined not less 
than one hundred dollars nor more than five hundred dollars and im- 
prisoned not less than ten days nor more than ninety days. [12725] 

Delivery of adulterated milk to cheese. and butter factories: Who- 
ever, with intent to defraud, sells, delivers, or causes to be dlivered, to 
a cheese or butter factory, milk which is adulterated or diluted within 
the meaning of the law, or from which any cream has been taken, or 
from which the part known as "stripping" has been withheld, or keeps 
or renders a false account of the quantity or weight of milk furnished 
at or to a factory or sold to a manufacturer, shall be fined not less than 
fifty dollars nor more than two hundred dollars, and, for each subse- 
quent offense, shall be fined not less than one hundred dollars nor more 
than five hundred dollars and imprisoned not less than ten days nor 
more than ninety days. [12726] 

Impure or unhealthy milk: Whoever sells, exchanges, or 'offers 
for sale or exchange, unclean, impure, unhealthy or "unwholesome milk 
shall be fined not less than fifty dollars nor more than two hundred 
dollars, and for each subsequent offense shall be fined not less than one 
hundred dollars nor more than five hundred dollars and imprisoned not 
less than ten days nor more than ninety days. [12727] 

Milk falsely branded or labeled: Whoever sells, exchanges, ex- 
poses, offers for sale or exchange, has in his possession or disposes of 



28 OHIO FARM LAWS. 

milk which is falsely branded, labeled, marked or represented as to grade, 
quantity or place where produced or procured, shall be fined not less 
than fifty dollars nor more than two , hundred dollars, and for each 
subsequent offense shall be fined not less than one hundred dollars nor 
more than five hundred dollars and imprisoned not less than ten days 
nor more than ninety days. [12728] 

Keeping unhealthy cow: Whoever keeps a cow for the pro- 
duction of milk in a cramped or unhealthy condition, or feeds it on un- 
healthy food, or on food which produces impure, unhealthy or unwhole- 
some milk, shall be fined not less than fifty dollars nor more than two 
hundred dollars, and for each subsequent offense, shall be fined not less 
than one hundred dollars nor more than five hundred dollars and im- 
prisoned not less than ten days nor more than ninety days. [12729] 

Refilling rnilk and cream bottle: Whoever fills or refills with 
milk, cream or other milk product a glass jar or bottle, with intent to sell 
such milk, cream or other milk product, unless such glass jar or bottle 
is first thoroughly cleansed or sterilized, shall be fined not more than 
one hundred dollars. [12730] 

III. Maple Sugar and Syrup. 

Maple sugar' and syrup defined: Maple sugar or pure maple sugar 
and maple syrup or pure maple syrup are the unadulterated product by 
the evaporation of pure sap from the maple tree. The standard weight 
of a gallon of maple syrup of two hundred and thirty-one cubic inches 
shall be eleven pounds. A substance purporting to be maple syrup or 
maple sugar not made in compliance with this section shall be an adul- 
teration of maple syrup or maple sugar, and maple syrup of less weight 
than herein required shall be an adulteration of maple syrup. [12763] 

Adulterated maple sugar or syrup: Whoever manufactures for 
sale, offers for sale, has in his possession with intent to sell, or sells 
or delivers, as and for maple syrup or maple sugar, an adulteration 
thereof shall be fined not less than fifty dollars nor more than two 
hundred dollars. [12764] 

Fraudulent use of word "maple": Whoever offers for sale, has 
in his possession with intent to sell, sells or delivers an adulteration of 
maple syrup or maple sugar in a box, can, bottle or other package 
having the word "maple", or a compound thereof, as the name or part 
of the name of the contents thereof or a device or illustration sug- 
gestive of maple syrup or sugar or the manufacture thereof, shall be 
fined not less than fifty dollars nor more than two hundred dollars. 
[12765] 

Package must bear label of packer: Whoever offers for sale, has 
in his- possession with intent to sell, sells or delivers as and for maple 
syrup or maple sugar, an article which does not bear the name and 



HAIRY AND FOOD LAWS. 



29 



address of the packer and also the state, territory or country in which 
it was produced, in plain legible type upon the label, shall be fined not 
less than -fifty dollars nor more than two hundred dollars. [12766] 

IV. Vinegar. 

Vinegar: No person shall manufacture, offer or expose for sale, 
sell or deliver, or have in possession with intent to sell or deliver 
vinegar not in compliance with the provisions of this chapter. Vinegar 
shall ^ be made wholly from the fruit or grain from which it purports, 
or is represented, to be made and shall not contain a foreign substance 
or less than four per cent, by weight, of absolute acetic acid. [5786] 

Cider or apple vinegar: Vinegar manufactured, offered or ex- 
posed for sale, sold or delivered, or in the possession of a person with 
intent to sell or deliver, under the name of cider vinegar, apple vinegar, 
or any compounding of the word "cider" or "apple" as the name or 
part of the name of vinegar, shall be the product made by the alcoholic 
and subsequent acetous fermentations of the juice of apples, and shall 
not contain any foreign substance, drugs or acids, and is laevo-rotatory. 
It shall contain not less than four grams of acetic acid, not less than 
one and six-tenths grams of apple solids of which not more than fifty 
per cent, are reducing sugars, and not less than twenty-five hundredths 
grams of apple ash in one hundred cubic centimeters at a temperature 
of twenty degrees centigrade. The water-soluble ash from one hundred 
cubic centimeters, at a temperature of twenty degrees centigrade, of the 
vinegar shall contain not less than ten milligrams of phosphoric acid 
(Ps Os) which shall require not less than thirty cubic centimeters of 
decinormal acid to neutralize its alkalinity. [5787] 

Manufacturing farmer: A farmer may manufacture, in any one 
year, not more than twenty-five barrels of pure cider or fruit vinegar 
for sale. Such vinegar, so manufactured, must be branded "domestic 
cider vinegar," with the name of such farmer and date of manufacture. 
[5794] 



* , 



CHAPTER 8. 

Descent and Distribution of Property. 

Order of descent of real estate when title came by descent, 
devise, or deed of gift: When a person dies intestate, having title 
or right to any real estate or inheritance in this state, which title came 
to such intestate by descent, devise, or deed of gift from an ancestor, 
such estate shall descend and pass in parcenary to his or her kindred in 
the following course : 

1. To the children of such intestate, or their legal representatives. 

2. If there are no children or their legal representatives living, the 
estate shall pass to and vest in the husband or wife, relict of such 
intestate, during his or her natural life. „_ 

3. If such intestate leave no husband or wife, relict of himself or 
herself, or at the death of such relict, the estate shall pass to and vest 
in the brothers and sisters of the intestate who are of the blood of the 
ancestor from whom the estate came, or their legal representatives, 
whether such brothers and sisters be of the whole or half blqod of the 
intestate. 

4. If there are no brothers or sisters of the intestate of the blood 
of the ancestor from whom the estate came, or their legal representatives, 
and the estate came by deed or gift from an ancestor who is living, the 
estate shall ascend to such .ancestor. 

5. If the ancestor from whom the estate came is deceased, the 
estate shall pass to and vest in the children of the ancestor from whom 
the estate came, or their legal representatives; if there are no children 
of the ancestor from whom the estate came, or their legal representa- 
tives, the estate shall pass to and vest in the husband or wife, relict of 
such ancestor, if a parent of the decedent, during the life of such relict. 
On the death of such husband or wife, or if there is no such husband 
or wife, the estate shall pass to and vest in the brothers and sisters of 
such ancestors, or their legal representatives ; and for want of such 
•brothers and sisters, or their legal representatives, to the brothers and 
sisters of the half blood of the intestate, or their legal representatives, 
though such brothers and sisters are not of the blood of the ancestor 
from whom the estate came. 

6. If there are no such half-brothers and sisters of the intestate, 
or their legal representatives, the estate shall pass to the next of kin to 
the intestate of the blood of the ancestors from whom the estate came, 
or their legal representatives. [8573] 

Order of descent when estate came by purchase: If the estate 

(30) 



DESCENT AND DISTRIBUTION OF PROPERTY. 31 

came not by descent, devise, or deed of gift, it shall descend and pass 
as follows : 

1. To the children of the intestate and their legal representatives. 

2. If there are no children, or their legal representatives, the estate 
shall pass to and be vested in the husband or wife, relict of such intestate. 

3. If such intestate leaves no husband or wife, relict to himself or 
herself, the estate shall pass to the brothers and sisters of the intestate 
of the whole blood, and 'their legal representatives. 

4. If there are no brothers or sisters of the intestate of the whole 
blood, or their legal representatives, the estate shall pass to the brothers 
and sisters of the half-blood, and their legal representatives. 

5. If there are no brothers or sisters of the intestate of the half- 
blood, or their legal representatives, the estate shall ascend to the father; 
if the father is dead, then to the mother. 

6. If the father and mother are dead, the estate shall pass to the 
next of kin, and their legal representatives, to and of the blood of the 
intestate.' [8574] 

When real estate to pass to husband or wife; when to next of kin: 
When a person dies intestate, having title or right to any real estate or 
inheritance, as provided in section eighty-five hundred and seventy-three, 
and leaves husband or wife, relict of himself or herself and there is no 
person who, under the provisions of that section, would be entitled to 
inherit it, or an estate therein, save and except such husband or wife, 
relict of such intestate, then the estate shall pass to and vest in the 
husband or wife of the intestate as an estate of inheritance. If there 
is no such person, and no husband ~or wife relict of the intestate, then 
the estate shall pass to and vest in the next of kin of the intestate, 
though not of the blood of the ancestor from whom the estate came. 
[8575] 

When real estate to pass to children of former husband or wife; 
when to escheat: When a person dies intestate, having title or right 
to. any real estate or inheritance, whether by descent, devise, or deed of 
gift from an ancestor, or acquired, and there is no person entitled to 
inherit it under the next three preceding sections, then the estate shall 
pass to and vest in the children of any deceased husband or husbands, 
wife or wives, of the intestate, whose marriage with the intestate was 
not annulled prior to his, her, or their death, or their legal representa- 
tives. If there are no children, or their legal representatives, living, - 
then the estate shall pass to the brothers and sisters of any such husband 
or wife, or their legal representatives ; if there are no brothers'* and 
sisters, nor their legal representatives, the estate shall pass to the next 
of kin of such intestate; and if there are none such, then the estate shall 
escheat and be vested in the state of Ohio. [8576] 

Descent of estate which came by former husband or wife: When 
the relict of a deceased husband or wife dies intestate and without issue, 



32 OHIO FARM LAWS. 

possessed of any real estate or personal property which came to such 
intestate from a former deceased husband or wife by deed of gift, 
devise of bequest, or under the provisions of section eighty-five hundred 
and seventy-four, then such estate, real and personal, shall pass to and 
vest in the children of such deceased husband, or wife, or the legal 
representatives of such children. If there are no children or their legal 
representatives living, then such estate, real and personal, shall pass and 
descend, one-half to the brothers and sisters of such intestate, or their 
legal representatives, and one-half to the brothers and sisters of such 
deceased husband or wife from which such personal or real estate came, 
or their personal representatives. [8577] 

Distribution of personal estate: When a person dies intestate and 
leaves personal property, it shall be distributed in the manner pre- 
scribed in section eighty-five hundred and seventy-four, as to real prop- 
erty which came not by descent, devise or deed of gift from an ancestor; 
saving, however, such right as a widow or widower may have to any 
part of such personal property. But a fund in the hands of an admin- 
istrator, guardian, assignee or other trustee, arising from the sale of real 
estate which came to such intestate by descent, devise or deed of gift 
from an ancestor, shall descend according to the course of descent pre- 
scribed by section eighty-five hundred and seventy-three, for ancestral 
real estate. [8578] 

When personal property to escheat: If there be no person living 
to inherit it by the provisions of this chapter, such personal property 
shall pass. to and be vested in the state. The prosecuting attorney of the 
county, in which letters of administration are granted, upon such estate, 
shall collect and pay it over to the treasurer of such county ; to be applied 
exclusively to the support of the common schools of the county in which 
collected, in such manner as is prescribed by law. [8579] 

When estate to descend to children of intestate only: When a 
person dies intestate leaving children, and none of the children of such 
intestate have died leaving children or their legal representatives, such 
estate shall descend to the children of such intestate, living at the time 
of his or her death, in equal proportions. [8580] 

Descent when all descendants of equal degree of. consanguinity: 
When all the descendants of an intestate, in a direct line of descent, 
are of an equal degree of consanguinity to the intestate, whether children, 
grandchildren, or great-grandchildren, or of a more remote degree of 
consanguinity to such intestate, the estate shall pass to such persons of 
equal degree of consanguinity to such intestate in equal parts, however 
remote from the intestate such equal and common degree of consan- 
guinity may be. [8581] 

When both children and heirs of deceased children living: If 
some of the children of such intestate are living, and others are dead, 
the estate shall descend to the children who are living, and to the legal 



DESCENT AND DISTRIBUTION OF PROPERTY. 3$ 

representatives of such as are dead, so that each child of the intestate 
who is living will inherit the share to which he or she would have beea 
entitled if all the children of the intestate were living, and the legal 
representatives of the deceased child or children of the intestate inherit 
equal parts of that portion of the estate to which such deceased child 
or children would be entitled if such deceased child or children were 
living. [8582] 

Extent of application of last section: The provisions of the next 
preceding section shall apply in all cases in which the descendants of 
the intestate, entitled to share in the estate, are of unequal degree of 
consanguinity to the intestate, so that those who are of the nearest 
degree of consanguinity, will take the share to which he or she would 
have been entitled, had all the descendants in the same degree of con- 
sanguinity with him or her, who died leaving issue, been living. [85&JJ 

Sections apply to real and personal estate: The provisions of the 
next four preceding sections shall apply, both to personal and real 
estate. [8584] 

Advancements to be considered part of estate: If any estate, real 
or personal, has been given by an intestate in his lifetime as an advance- 
ment to any child or children of his, or their descendants, it must be 
considered a part of the estate of the intestate, so far as it regards the 
division and distribution thereof among his children or their descendants, 
and be taken by such child or children or their descendants toward his 
or her share of the estate. [8585] 

When advancement is wholly real or wholly personal estate; If 

the amount of such advancement equals or exceeds the share of the 
heir to whom it was made, he shall be excluded from any further part 
in the division or distribution of the estate, but not be required to 
refund any of such advancement. If the amount so advanced is less 
than his full share, he will be entitled to as much more as will give him. 
his full share of the estate. [8586] 

When advancement is wholly real or wholl ypersonal estate: If 

such advancement is made in real estate, the value thereof must be con- 
sidered and taken as a part of the real estate to be divided ; if in money 
or other personal estate as a part of the personal estate to be distributed. 
In either case, if it exceeds the share of the real or personal estate that 
would have come to the heir to whom the advancement was made, he 
need not refund any part of it, but shall receive so much, less out of 
the other part of. the estate as will make his whole share equal, as near 
as can be estimated, to that of either of the other heirs who are in the 
same degree of consanguinity with him. [8587] 

When value of advancement expressed: If the value of the estate,, 
real or personal, so advanced, is expressed in the deed of conveyance^ 
or in the charge thereof, made by the intestate, or in the receipt in writ- 

3 o. f. l. » 



34 OHIO FARM LAWS. 

ing, given by the person receiving the advancement, it must be consid- 
ered of that value, in the division and distribution of the estate, other- 
wise, at its estimated value when advanced. [8588] 

Heirs of aliens may inherit; aliens may hold lands: No person 
who is capable of inheriting shall be deprived of the inheritance by 
reason of any of his ancestors having been aliens. Aliens may hold, 
possess and enjoy lands, tenements, and hereditaments, within this state, 
either by descent, devise, gift, or purchase, as fully and- completely as 
any citizen of the United States or this state can do. [8589] 

Capability of bastards as to inheritance: Bastards shall be 
capable of inheriting or transmitting inheritance from and to the mother, 
and from and to those from whom she may inherit, or to whom she 
may transmit inheritance, in like manner as if born in lawful wedlock. 
[8590] 

When illegitimate children deemed legitimate: When, by a 
woman a man has one or more children, and afterward intermarries with 
her, such issue, if acknowledged by him as his child or children, will be 
legitimate. The issue of parents whose marriage is null in law, shall 
nevertheless be legitimate. [8591] 

Personal estate to which a widow or widower is entitled: When 
a person dies intestate and leaves no children or their legal representa- 
tives, the widow or widower, as next of kin, will be entitled to all the 
personal property, which is subject to distribution upon settlement of the 
estate. If the intestate leaves any children or their legal representatives, 
the widow or widower will be entitled to one-half of the first four 
hundred dollars and to one-third of the remainder of the personal prop- 
erty subject to distribution. [8592] 

Effect of waste by tenant for life: A tenant for life in real 
property, who commits or suffers waste thereto, shall forfeit that part 
of the rea\ property of which such waste is committed or suffered, to 
the person having the immediate estate in reversion or remainder. Such 
tenant also will be liable in damages to the person having the immediate 
estate in reversion or remainder for the waste committed or suffered 
thereto. [8593] 

Construction of words "living" and "died": When in this chapter 
a person is described as living, it means that he was living at the time 
of the death of the intestate from whom the estate came, and when a 
person is described as having died, it means that he died before such 
intestate. [8594] 

Posthumous child to inherit: Descendants of the intestate be- 
gotten before his or her death, but born thereafter, in all cases will in- 
herit in the same manner as if born in the lifetime of the intestate, and 
surviving him; but in no other case can a person inherit, unless living 
at the time of the death of the intestate. [8595] 



DESCENT AND DISTRIBUTION OF PROPERTY. 35 

Application of provisions relating to escheating estates: The pro- 
vision of this chapter as to the cases in which real or personal estate 
will escheat to the state, apply to any such estate of which possession 
has not been taken, or which has not been collected by the proper officers 
of the state, or those acting under their authority. Right or claim of 
the state thereto is hereby relinquished to the person who would have 
been entitled thereto had this chapter been in force when the intestate 
died. [8596] 

Permanent leases to descend same as estates in fee: Permanent 
lease-hold estates, renewable forever, shall be subject to the same law 
of descent as estates in -fee are subject to by the provisions of this 
chapter. [8597] 

How heir at law designated: A person of sound mind and mem- 
ory may appear before the probate judge of his county, and in the pres- 
ence of such judge and two disinterested persons of his or her acquaint- 
ance, file a written declaration, subscribed by him, which- must be attested 
by such persons, declaring that, as his *or her free and voluntary act, 
he or she did designate and appoint another, naming and stating the 
place of residence of such person specifically, to stand toward him in 
the relation of an heir-at-law in the event of his or her death. If 
satisfied that such declarant is of sound mind and memory, and free 
from restraint, the judge thereupon shall enter that fact upon his journal, 
and make a complete record of such proceedings. Thenceforward the 
person thus designated will stand in the same relation, for all purposes, 
to such declarant as he or she could, if a child born in lawful wedlock. I 
The rules of inheritance will be the same, between him and the relations 
by blood of the declarant, as if so born ; and a certified copy of such 
record will be prima facie evidence of the fact stated therein, and con- 
clusive evidence, unless impeached for actual fraud, or undue influence. 
[8598] 

County auditor to take possession of and sell escheated lands : 

Real property escheated to the state, except in a city shall be taken 
possession of, in the name of the state, by the auditor of the county in 
which it is found, and by him sold at public auction, at the county 
seat of the county, to the highest bidder, after having given thirty days' 
notice of such intended sale, in some newspaper printed within the 
county. [8599] 

Disposition of escheated lands and rents in a city: Lands within 
a city which have escheated, to the state, shall be taken possession of 
by the city council, for and on behalf of such city, and the title thereof 
shall vest in such city. The city council shall let them at such price, and 
for such purposes, as it deems proper. All rents arising from such 
escheated lands, after deducting all necessary expenses, must be paid, • 
as they become due, into the hands of the directors of the house of 



36 OHIO FARM LAWS. 

refuge and correction of such city, to be appropriated by such directors 
for the use and benefit of the institution. [8600] 

Appraisal, terms of sale, and deed: On the application of the 
county auditor, the court of common pleas shall appoint three disinter- 
ested freeholders of the county, to appraise such real*property, who shall 
be governed by the same rule as appraisers in sheriffs' or administrators' 
sales. The auditor shall sell such property at not less than two-thirds 
its appraised value, and in his discretion, may sell it for cash, or for 
one-third cash, and the balance in equal annual payments, the deferred 
payments to be amply secured." Upon payment of the whole amount of 
consideration money, he must execute a deed to the purchaser, in the 
name and on behalf of the state. The proceeds of such sales shall be 
paid by the auditor to the county treasurer. [8601] 

How proceeds disposed of when lands sold: The county treasurer 
shall pay the proceeds, not exceeding six hundred dollars in any case, 
of a sale of escheated lands to the regularly organized agricultural 
society, within the county, and the excess of such proceeds, or the whole 
thereof, if there be no such society within the county, to the treasurer 
of state, as other moneys collected for state purposes, for the use of 
the state agricultural fund. [8602] 

When such lands to revert to the state: If the objects and in- 
tentions of the establishment of such house of refuge and correction are 
•liereafter abandoned or suspended, or if the rents of such escheated 
lands are appropriated to any other purpose than that designated by 
the next preceding section, such lands thereby and from thence wll 
revert to the state. [8603] 

Escheated lands rented: In all cases when a person having right 
or title to real estate, dies and it escheats to the state, the common 
pleas court for the county wherein such estate may be, shall appoint some 
suitable person to take charge thereof, lease or rent it to the best ad- 
vantage, collect the rents, and pay them over to the treasurer of state. 
18604] 

Persons appointed to rent them to give bond: Before he takes 
charge of or rents any estate, as provided in the next preceding section, 
the person so appointed shall enter into bond with such security, and in 
such sum, as the common pleas court of the county approves, for the 
faithful performance of all the duties by law required of him. [8605] 



CHAPTER 9. 
Dower. 

the marriage, ,„ one-third of all the real property of whieh the de^ 
ceased consort, at decease, held *e fee simple in reversion or remainder 
LI at Zl f* ° f a " ^ dt,e ° f J " tereSt that ^ deceased co^rt 

d e a „t at of de c c ,r m [8 zr prpperty heid by artic,e ' ^ « — -i- 

Mansion house, etc.: The widow or widower may remain in the 
mans.on house of the deceased consort, free of charge, for one year 
if dower ts not sooner assigned. Dower shall not be assigned to a wfdow 
or widower m real property of which the deceased consort, at deceasl 

^Z^^izr^" or remainder ' until the — : < 

ance was made when the grantee was within the age of minority or 

and/ the ™ mage > the ^antee may waive title to such rJvJpeZ 
and demand dower. [8608] property 

Effect of defective conveyance in lieu of dower: When a con 
aefTtltlY 5 JT^f t0 * in Km ° f d — ■ ^ils through any 

such defect , 8 , , ^^ ^ the Wid ° W ° r "H™* availing of 
such defect demands dower, the estate or interest conveyed to such 

c W ea d s°e W ^T^' ^ "* '^^ '° * <°~' *« S* 



Eviction from premises conveyed in lieu of dower- a ^;a 
wtdower lawfully evicted from re/property Convey J n lieu ofZ" 
or any part thereof, shall be endowed of so much of the residue of the 

such IT ^ ° f M 6 deC " Sed C0 " SOrt aS Wi " «*»* ** 1™ wh ch 
such widow or widower is evicted. [8610] 

h^^r'T f WelUng in adulterv is barre ° of dower: A hus- 
band or w.fe who leaves the other and dwells in adultery, w 11 Thereby 
be barred of the right of dower in the real property of the oTher unless 
the offense is condoned by the injured consort [8611] 

Lands given up by fraud: if a husband or wife gives up real 



(37) 



38 OHIO FARM LAWS. 

I 

property by collusion or fraud, or loses it by default, the widow or 
widower may recover dower therein. [8612] 

Dower is forfeited by waste: A tenant in dower in real property 
who commits or suffers waste thereto, will forfeit that part of the "prop- 
erty to which such waste is committed or suffered, to the person having 
the immediate estate ' in reversion or remainder. Such tenant in dower 
also will be liable in damages to the person having the immediate estate 
in reversion or remainder, for the waste committed or suffered thereto. 
[8613] 

The estate by courtesy abolished: The estate by the courtesy 
is abolished; but the provisions of this chapter shall not affect vested 
rights nor any section of the statutes, except such as are expressly 
amended or repealed. [8614] 

Interpretation of the word "property": In this chapter, unless 
the context shows that another sense was intended, the word "property" 
includes lands, tenements, and hereditaments, money, goods and chattels, 
rights and things in action, and evidences of debt. This enumeration 
shall not require a strict construction of other words therein. [8615] 

Provisions as to assignment of dower: All provisions of law 
relating to the assignment of wife's dower, apply to the assignment of 
the dower of a husband, so far as applicable. [8616] 



CHAPTER 10. 
Drainage and Watercourses. 

I. County ditches. 

II. Township ditches. 

III. Underground drains. 

IV. Cleaning and repairing drains and water courses. 
V. Sinkholes and fissures. 

VI. Removal of drift. 
VII. Watercourses. 
VIII. Obstructing drains and watercourses;, penalty. 

I. County Ditches. 

The laws providing for locating and constructing county and town- 
ship ditches, is fully set out in Sections 6442 to 6690 inclusive of the 
General Code of Ohio. 

County ditches: Upon the filing of a petition signed by one or 
more persons and setting forth the names of the persons who in the 
opinion of the petitioners are in any way affected* thereby, the board of 
county commissioners, may, if it be found conducive to public health, 
convenience or welfare, cause to be located and constructed, straight- 
ened, widened, altered, deepened, boxed, or tiled, a ditch, drain or water- 
course, or box or tile part thereof, or cause the channel of a river, creek 
or run, or part thereof, within such county, to be improved by straight- 
ening, widening, deepening, or changing it, or by removing from adjacent 
lands timber, brush, trees, or other substance liable to obstruct it. The 
commissioners may change either terminus of a ditch before its final 
location, if the object of the improvement will be better accomplished 
thereby. A bond for two hundred dollars with two sufficient sureties, 
conditioned for the payment of the costs if the petition is not granted, 
or is dismissed, shall be filed with the petition. 

The county commissioners may hear and determine, at the same 
time and under the same petition, the necessity of locating a new ditch, 
or a ditch partly old and partly new, or of deepening, widening, straight- 
ening, or altering an old ditch, as the necessity of the case requires, 
and shall cause such entry to be made on their journal as in their judg- 
ment is required. Estimates by the surveyor, engineer, £>v commissioners, 
shall be made, and no assessment shall be made on lands upon any prin- 
ciple other than that of benefits derived, and in proportion thereto, in 
deepening, widening, straightening, or altering a ditch. No lands, 'lying 
below, shall be assessed for the benefit of lands lying above. All assess- 
ments shall be made in proportion to the benefits derived. [6452] 

(39) 



40 OHIO FARM LAWS. 

If the county commissioners find against the improvement, they 
shall dismiss the petition and proceedings at the cost of the petitioners, 
and cause an itemized bill of the costs to be made up by the auditor 
for their examination and approval, including the per diem of the county 
surveyor, together with all costs necessarily made, except fees of the 
auditor and compensation of the commissioners. [6453] 

Exceptions to commissioners' proceedings in establishing a county 
ditch: A part}' to the proceeding may file exceptions to the finding 
by the county commissioners that the improvement is necessary, or will 
be conducive to the public health, convenience or welfare, and that the 
line described is the best route, or to the apportionment, or to any claim 
for compensation or damages, at any time before the time set for the 
final hearing of the report and apportionment. The commissioners may 
hear testimony and examine witnesses upon all the questions raised by 
the exceptions, and may compel the attendance of the witnesses by sub- 
poena therefor. The auditor, on demand, shall issue such subpoenas. 
The decision of the commissioners, on the exceptions shall be entered 
upon the journal, and if they sustain the exceptions, the cost of the 
hearing thereon shall be paid out of the county treasury, and if they 
overrule them, such cost shall be taxed against the person or corpora- 
tion filing the exceptions. [6468] 

Grounds for appeal to the probate court: A person or corpora- 
tion, aggrieved thereby, may appeal from a final order or judgment of 
the county commissioners made in the proceeding and entered upon their 
journal, determining any of the following matters, viz: 

1. Whether the ditch will be conducive to the public health, con- 
venience, or welfare. 

2. Whether the route thereof is practicable. 

3. The compensation for land appropriated. 

4. The damage claimed to property affected by the improvement. 
[6469] 

II. Township Ditches. 

Township ditches: The board of township trustees, when in 
their opinion it will be conducive to the public health, convenience or 
welfare, may cause to be established, located and constructed, as herein- 
after provided, a ditch within such township. For that purpose they 
may cross a railroad, turnpike road, or do any other thing necessary or 
proper to promote said purpose. [6604] 

Petition for a ditch and proceedings thereon: Before the trus- 
tees take any action toward locating or establishing a ditch, there shall 
be filed with the township clerk a petition from one or more persons 
owning lands adjacent to the line of the proposed ditch, setting forth the 
necessity thereof, with a substantial description of the proposed starting 
point, route, and terminus, and a bond with good and' sufficient sureties 



DRAINAGE AND WATER COURSES. 41 

to the acceptance of the clerk, conditioned to pay all expenses incurred 
if the trustees refuse to grant the prayer of the petition. The township 
clerk shall give notice to the trustees of the filing and pendency of the 
petition, and the trustees shall forthwith designate a time and place 
when and where they will meet to hear the petition and complete their 
proceedings thereunder. [6606] 

Notice to land-owners of filing the petition: Upon the filing of 
such petition and bond, the township clerk shall prepare the necessary 
number of notices for the petitioner, who shall cause one thereof to be 
given to the owner of each tract of land sought to be affected by the 
proceeding. Such notice shall state substantially the prayer of the peti- 
tion, and when and where it will be for hearing by the trustees. * If a 
person, owning lands sought to be affected by the proceeding, is a non- 
resident of the county, like notice shall be sent to him by mail, if such 
residence is known by the clerk, otherwise it shall be published for two 
consecutive weeks in a newspaper published or of general circulation in 
the county. [6607] 

When action may be brought on bond: If the persons giving 
bond fail or refuse to pay the costs and expenses when the trustees 
refuse to grant the prayer of the petition, the trustees may bring suit 
before a justice of the peace in the township upon such bond, and collect 
all costs and expenses, with costs of prosecution, and pay it out in con- 
formity with the estimates made in the case. The ditch journal contain- 
ing the record of their proceedings, or a certified copy therefrom, shall 
be prima facie evidence of such indebtedness. [6608] 

Boxing or tiling of ditches: At the hearing of the petition, if a 
person, owning or controlling lands through which the ditch will pass, 
makes a written request to the trustees for a box, or tile ditch, through 
his lands, the trustees, if they deem it practicable and equally beneficial 
shall grant their request, and order that such ditch or part thereof be 
boxed or tiled, specifying the size of the boxes or tile to be used, and 
the depth they shall be placed under the ground. All expenses incurred, 
whether the ditch is in whole or in part a box or tile ditch, shall be 
apportioned according to benefits derived, as provided in this chapter. 
[6614] 

Blank petitions, etc.: Blank petitions, and instructions, relating 
to county ditches may be had by applying to the county commissioners, 
and those relating to township ditches by application to the township 
trustees or township clerk. 

III. Underground Drains. 

Outlet for under-ground drain: When it is necessary to enter 
upon the lands of another to secure an outlet for an under-ground drain 
dr ditch, the person so entering must continue said under-ground drain 



i 



42 OHIO FARM LAWS. 

to such place for an outlet as will not damage said lands by the water 
emptying thereon. [6653] 

Payment of cost according to benefits: When such under-ground 
drain is a benefit to the owner of the lands through which it passes, he 
may be required to pay a reasonable share of the cost of the drain upon 
said premises, and be permitted to use it as an outlet for such drains 
as he may make. [6654] 

When township trustees to locate drain: When the parties, or 
owners of land to be so drained, fail to agree as to the location of such 
under-ground drain and the amount to be paid by each, the trustees of 
the township or. townships shall locate it, specify the size and quality 
of tile or other material to be used, and the depth at which it shall be 
placed, apportion the expense of constructing it among the parties inter- 
ested, and see that it is properly completed. The trustees may proceed, 
under the laws for the construction of township ditches, to perform the 
duties required of them by this section, and upon the failure or refusal 
of either party to pay the amount of said expense as determined by such 
trustees, the other party may bring action therefor before any justice 
of the peace of said township, and pursue it to judgment and execution. 
[6655] 

Damage to crops: In the construction of such under-ground 
drain upon the lands of another, the person so entering to construct it 
shall be liable for all damages to crops. [6656] 

Ditches along highways kept open: Ditches and water-courses 
upon the public highways, into which such under-ground drains empty, 
shall be kept open by the superintendent of such highways, to a depth 
sufficient for the proper drainage of the highways. [6657] 

IV. Cleaning and Repairing Drains and Watercourse. 

Duties and apportionment: For the cleaning and keeping in 
repair of township and county ditches, the township ditch supervisor 
shall divide them into working sections and apportion such sections to 
the land owners, corporate roads, railroads, township and county accord- 
ing to the benefits received. Owners of land not contiguous to the 
ditch but the water from whose lands is carried into it by means of 
tile or by passing over the lands of others, must assist in cleaning and 
keeping such ditch in repair, and all working sections allotted to each 
land owner shall be on or as near as practicable to his premises. [66911 

Ditch must be kept free of obstructions; notice: A person or 
corporation, through whose lands a ditch improvement is constructed, 
must keep it free and clear of fallen timber, tree tops, logs or other 
obstructions upon his or its premises. Upon failure to do so, a person 
or corporation aggrieved by such obstructions may notify the ditch super- 
visor thereof, in writing, who must at once examine the premises and 



DRAINAGE AND WATER COURSES. 43 

inquire into the truth of the statement. If he finds the statement to be 
true, he must forthwith notify the owner of the land, on which such 
obstruction exists, to remove it within a reasonable time, not exceeding 
ten days. [6710] 

Certain obstructions: Obstructions found in the ditch, except 
those arising from the deposit of earth, sand and gravel, the growth of 
grass, weeds and brush, and flood-wood, naturally and without artificial 
obstructions to cause them, shall be deemed to have been placed there 
by the act of the owner of the land. A land owner shall be liable for 
all acts and omissions of his tenants, pertaining to the ditch. [6718] 

Tiled ditches: When a county or township ditch, or part thereof, 
has been tiled, it shall be subject to the provisions of this chapter. If 
in the judgment of the ditch supervisor, said tile is small and insufficient 
to provide the necessary drainage, the surface ditch shall be kept open 
by the provisions of this chapter. [6709] 

Cleaning joint township ditch; trustees to examine report upon: 

The trustees, when in joint session at their first meeting held after a 
statement, in writing praying for the cleaning of a joint township ditch 
has been filed, shall appoint one of their number from each township, 
through which the joint ditch is established and located, to examine and 
report as to the necessity of cleaning such joint ditch. The trustees so 
appointed, shall file their report with the clerk of the joint board, and 
thereupon such proceedings shall be had as are provided by law for the 
cleaning of township ditches. [6652] 

V. Sink-holes and Fissues. 

Sink-holes, fissures, etc., may be opened: The board of county 
commissioners and the board of township trustees, at a regular or called 
session of their respective boards, may cause to be opened, enlarged, 
widened, altered, deepened, walled and protected a sink-hole, fissure, 
break or opening in the earth or rock thereof, situated in such county 
or township, which may be used as the outlet from a ditch, drain or 
water-course, whether it was located and constructed according to law, 
or otherwise, when it is necessary to drain lots, lands, a public or cor- 
porate road or railroad, and is or will be conducive to the public health, 
convenience or welfare. [6658] 

Petition therefor: Application for such improvement shall be 
made in a written petition to the county commissioners or township 
trustees, signed by one or more owners of lots or lands drained by such 
ditch, drain or water-course, into such sink-hole, fissure, break or open- 
ing in the earth or rock thereof, or by one or more owners of lands or 
lots inundated by the overflow therefrom, and shall be filed with the 
auditor of the county, if to the commissioners, and with the township 
clerk, if to the trustees. [6659] 



44 OHIO FARM LAWS. 

Contents thereof: Such application shall set for the necessity 
of the improvement and describe the location of the sink-hole, fissure, 
break or opening in the earth or rock thereof, sought to be improved, 
and the route of the ditch, drain or watercourse terminating and empty- 
ing therein. [6660] 

Bond: There shall be filed, with such application, a bond payable 
to the state, with at least two sufficient sureties, in" not less than one 
hundred dollars, conditioned for the payment of all costs if the prayer 
of the petition is not granted or is dismissed for cause. [6661] 

V. Removal of Drift. 

Who may remove drift: A person injured by a drift of wood, or 
other substance, casually produced in the channel of a stream, or water- 
course, upon the lands of another, after three days' notice previously 
given in writing to the owner, or occupant of such lands if they are 
occupied, and if not occupied, without notice, may enter thereon, with 
such assistance as is necessary and remove the drift or other obstruction. 
[6727] 

Liability: Such person shall remain liable, as at common law, 
for injury done or committed to the rights of the owner or. occupant 
of such lands, which might be avoided in the removal of the obstructions, 
and shall not remove oft of the lands upon which the drift or obstruction 
is situated any of the substances composing the drift or other obstruction. 
[6728] 

VII. Watercourses. 

Rights of landowner in water: There is no right of. property 
in the water of a natural flowing stream, the only right is the use of the 
water as it flows by the land adjoining the stream. — Canton v. Shock, 
66 O. S. 19, 20. 

Each proprietor of land through which water flows may use as much 
of it as is necessary for natural and domestic purposes, even if it be en- 
tirely consumed in the use, but . he is limited as regards other purposes 
to a reasonable and proportionate use which must not be such as to 
exclude others from a benefit to which they are equally entitled with 
himself. 47 O. S. 336. 

A riparian owner may make any reasonable use of the stream, direct- 
ing or changing its course upon his own land ; but he must return the 
stream to its natural channel upon the land below him; and he should 
use the water so every owner below will have the use and enjoyment of 
it, substantially according to its natural flow. 43 O. S. 23. 

Right to take ice: Ice belongs to the owner of the land, 33 Ind. 
402, unless the stream be a navigable one recognized a public property, 
in which case the riparian owner takes no exclusive right to the ice. 31 
Mass. 474. 



DRAINAGE AND WATER COURSES. 45 

Right to hunt and trap along stream: Each adjacent land owner 
has such right. 20 C. C. 637. 

Surface water; ownership of: Surface water belongs to the 
owner of the land, who may use it upon his own premises as he sees fit 
not injuring his neighbor. 12 O. S. 194, 299. 

The lower tenement is under a natural servitude to a higher one to 
receive from it all surface water, accumulating from falling rains and 
melting snows, or from natural springs, that naturally flow from it to 
and upon the lower one. This advantage of the higher tenement is a 
part of the property of the owner in it, and he is not indebted to the 
lower tenement therefor. Blue, et al. vs. Wentz, et al., 5-1 O. S. 247; 
but the upper riparian owner has no right to dam up the stream and then 
discharge the water in great quantities upon the lower owner, 125 N. Y„ 
353 ; and the erection of an embankment upon one's land, whereby the 
surface water of the adjoining land of another is prevented from flowing- 
in its natural course, and caused to flow off in a different direction over 
the land of the latter is a nuisance for which an action may be main- 
tained and recovery had, 22 O. S. 247; nor can waters in a basin which 
has no natural outlet rightfully be conducted by artificial drain so as t© 
flow upon the land of another to his damage. A land owner has no 
right to collect his surface water together and discharge it in a stream 
upon his neighbor's land. 16 O. S. 334. No action will lie, however, 
for damming up water unless some actual injury is sustained. 6 O. S. 187. 

In making an assessment on lands, benefited by artificial drainage, 
the extent of their watershed is not the proper rule, but the amount 
of surface water for which artificial drainage is required to make thena 
cultivatable, and the benefits that will accrue to the lands from such 
drainage. However much water may fall upon them or arise from 
natural springs, if, by reason of their situation, they have adequate 
natural drainage therefor, they are not liable for the cost of artificial 
drainage to other lands. Blue, et al. vs. Wentz, et al., 54 O. S. 247, 

Subterranean waters, disturbing, etc.: If a landowner engage 
in subterranean operation knowing that he is liable to injure the waters 
beneath his land which supply his neighbor's well, and such injury can foe 
prevented by a reasonable outlay, his failure to use the proper preventa- 
tive means negligence, and he is liable for damages resulting therefrom. 
131 Pa. St. 143. 

VIII. Obstructing Drains and Watercourses. 

Obstructing ditch or drain constructed by taxation: Whoever 
wilfully obstructs a ditch, drain or watercourse constructed by order of 
a board of county commissioners or township trustees, or diverts the 
water therefrom, shall be fined not less than ten dollars nor more tham 
one hundred dollars [12653] 



CHAPTER ii. 
Fences. 

I. Farm fences. 
II. Fences along railroads. 
III. Miscellaneous. 

I. Farm Fences. 

Expense of making partition fences: The owner of adjoining 
lands shall build, keep up and maintain in good repair in equal shares 
all partition fences between them, unless otherwise agreed upon by them 
in writing and witnessed by two persons. ,This chapter shall not apply 
to the enclosure of lots in municipal corporations, or of lands laid out 
into lots outside of municipal corporations or affect any provision of 
law relating to fences required to be constructed by persons or corpora- 
tions owning, controlling or managing a railroad. [5908] 

Hedge or barbed wire partition fence forbidden: A person or 
corporation shall not have a willow or other live fence, except osage 
or blackthorn hedge, or construct or cause to be constructed, a partition 
fence from barbed wire unless written consent of the adjoining owner 
be first obtained. Such consent shall not be necessary to the use of 
one or two barbed wires, provided that neither thereof is less than forty- 
eight inches from the ground and is placed on the top of a fence other 
than a barbed wire fence. [5909] 

Penalty: Whoever constructs or causes to be constructed a 
barbed wire partition fence without first obtaining the written consent 
of the adjoining owner, except as provided by law, shall be fined not 
less than five dollars nor more than fifty dollars, and the continued 
violation of this section for every thirty days shall constitute a separate 
offense. [1264] 

Duty of township trustees in controversies over partition fences: 

When a person neglects to build or repair a partition fence, or the por- 
tion thereof which he is required to build or maintain, the aggrieved 
person may complain to the trustees of the township in which such land 
or fence is located. Such trustees, after not less than ten days' written 
notice to all adjoining land owners of the time and place of meeting, 
shall view the fence or premises where such fence is to be built, and 
assign, in writing, to each person his equal share thereof, to be con- 
structed or kept in repair by him so as to be good and substantial. 
[5910] 

Costs; The cost due the township clerk and trustees for mak- 

(46) 



FENCES. 



47 



ing such assignment shall be taxed equally against each of such persons, 
and, if not paid to the clerk within thirty days from the date of such 
assignment, shall be certified by him to the county auditor, with a correct 
description of the lands and the amount charged against each portion 
thereof. [5911] 

How tax collected: The auditor shall place such amount upon 
the duplicate to be collected as other taxes, and the county treasurer 
shall pay it, when collected, to the township treasurer as other funds, 
[5012] / 

Partition fence, parties failing to comply with assignment: If 

either person fails to build the portion of fence assigned to him, the 
township trustees, upon the application of the aggrieved person, shall 
sell the contract to the lowest responsible bidder agreeing to furnish the 
labor and material and build such fence according to the specifications 
proposed by the trustees, after advertising them for ten days by posting 
notices thereof in three public places in the township. [5913] 

Costs: When the work is completed in fonformity with such 
contract and to the satisfaction of the trustees, they shall forthwith 
certify the costs to the township clerk, and, if not paid within thirty 
days, such clerk shall certify them to the auditor of the county with a 
statement of the amount the fence sold for, adding thereto a propor- 
tionate amount of costs and expenses of such sale, with a correct de- 
scription of each piece of land upon which the costs are assessed. [5914] 

Duty of auditor: The county auditor shall place such amounts 
upon the tax duplicate to be collected as other taxes, and the township 
trustees shall at the time certify the amount due each person for build- 
ing such fence and the amount due each trustee and clerk for services 
rendered therein. The auditor may anticipate the collection thereof and 
draw orders for the payment of such amounts out of the county treasury. 
[5915] 

County recorder shall keep a "Partition Fence Record": The 

county recorder shall keep a book known as "Partition Fence Record/* 
and all divisions of partition fences made under this chapter shall be 
recorded therein, and shall be final between the parties thereto and suc- 
cessive owners thereafter until such divisions become unequal by a sale 
or division of land or a portion thereof, in which case a new division 
may be had: [5916] 

When one party owns entire fence: If an adjoining land owner 
owns all the line fence, the township trustees may adjudge the value of 
the portion assigned the other owner, which may be recovered by the 
owner of such fence with cost of suit. [5917] 

Report of assignment: The report of the assignment of partition 
fences, under this chapter, shall be made and certified to the county 



48 OHIO FARM LAWS. 

recorder by the township clerk and the cost of the record thereof shall 
i>e taxed against the parties with the other costs. [5918] 

Meaning of term "owner": In this chapter, the term "owner" 
shall apply to the owner of such land in fee simple, of estates for life 
of rights of way while used by the owners thereof as farm outlets, 
hut these proceedings shall not bind the owner unless notified as pro- 
Tided herein. [5919] 

How notice served': If the owner is a resident of the township, 
notice must be given in writing by personal service or leaving a copy 
thereof at the last known place of residence. If the owner is a non- 
resident of the township, notice may be given by mailing it by registered 
letter to the owner, or authorized agent thereof, at his last known post- 
office address; and the receipt thereof shall be sufficient proof of the 
mailing and receipt of such notice. [5920] 

When division line is in a stream of water: When the division 
line of adjacent land owners is in a stream of water, along which divi- 
sion line it is impracticable to construct and maintain a partition fence, 
the township trustees shall assign to each land owner his portion of 
such fence upon his land and the parts so assigned shall be built and 
maintained upon his own premises along the bank of such stream. The 
parts of the fence so assigned shall be joined by each land owner con- 
structing a fence or water gate from the end of the fence so assigned 
to him nearest to the end so assigned to the other land owner to the 
division line in such stream. [5921] 

Liability of land owner: For determining the liability of one of 
such land owners by reason of the trespass of domestic animals upon 
the lands of the other, such fence shall be a partition fence. [5922] 

Jurisdiction of trustees where partition fence is on township line: 

When a partition fence in controversy is on a township or county line, 
the trustees of the adjacent townships shall have concurrent jurisdiction, 
and the trustees of either of such townships may be called to perform 
the duties in this chapter imposed as to partition fences. Either party 
so call the trustees of the other township, in which case they shall 
act jointly, but separate record shall be made in both townships. [5923] 

Where suit to be brought relating to such fence: If a partition 
fence, or an inclosure, or a part" thereof, is on the line of a township, 

:>n the line of or in two or more townships of the same county or 

different counties, actions prosecuted under this chapter may be brought 

ore a justice of the peace in the township in which the defendant 

resides, or if there is no justice residing therein or he is interested in the 

ion, or is the father, father-in-law, son, son-in-law, brother, brother- 

aw, guardian, ward, uncle, nephew or cousin of either of the parties 
thereto, action may be brought in either of such townships. [5924] 

Duty of officers: In such case, the justice before whom such 



FENCES. 



49 



action is brought shall issue process against the defendant, directed to 
any constable of the township in which such justice resides. The con- 
stable shall be authorized to serve and return such process, and the de- 
fendant shall be compelled to answer thereto, and like proceedings shall 
be had therein as if such defendant resided in the township where the 
action was commenced. [5925] 

Where suit to be brought when fence is within one township: 
When the fence or inclosure is situate wholly within one township, 
actions brought under this chapter before a justice of the peace shall 
be brought in the township in which the defendant resides, unless the 
case comes within one of the exceptions specified in section fifty-nine 
hundred and twenty-four, when the action may be brought in an adjoin- 
ing township of the same count)-. Process shall he issued, served and 
returned, and further proceedings had thereon as provided in such section. 
[5926] 

Remedies provided are not cumulative: A person beginning an 
action under this chapter to obtain redress, as herein provided, and 
prosecuting it to final judgment, is barred of his right of action at 
common law for the same injury. If he sues at common law, and prose- 
cutes it to final judgment, he shall be barred of his remedy for the same 
injury under this chapter. [5927] 

Penalty against trustee for neglect: A township trustee refusing 
or neglecting to perform a lawful duty imposed upon him by this chapter, 
shall forfeit not less than five dollars nor more than fifty dollars, to be 
recovered by a civil action in the name of the state. The amount so 
recovered shall be paid into the township treasury for township purposes. 
[5928] 

Damage by trespassing animals: If a horse, mule, ass, hog, sheep, 
goat, or any neat cattle, injures or trespasses upon the land or an inclosure 
bounded by a partition fence, in consequence of the failure or neglect 
of a person to keep up and maintain in good repair his share of such 
fence, such person so failing or neglecting shall pay to the person in- 
jured the damages sustained thereby, to be assessed, under oath, by three 
judicious disinterested men, residents of the county, appointed by a justice 
of the peace of the township in which the premises are situate. If such 
damages are not paid after demand therefor, the amount thereof may be 
recovered in an action with cost of suit. [5929] 

Suit for same: In all actions under the provisions of the next 
preceding section, such assessment, reduced to writing, and subscribed 
by the persons making it, shall be prima facie evidence of the damages 
sustained by the party aggrieved, but the court befofe which the cause 
is tried may set aside the verdict for irregularity or other good cause. 
[5930] 

Such animals not exempt from execution: The animals so tres- 
passing, as described in section fifty-nine hundred and twenty-nine, shall 

4 o. F. L. 



50 OHIO FARM LAWS. 

not be exempt from execution issued on a judgment rendered in a court 
or before an officer having jurisdiction, for damages occasioned by such 
trespass. [5931] 

Liability of owner of trespassing animal for damage: If a horse, 
mule, ass, hog, sheep, goat, or any neat cattle, running at large, breaks 
into or enters an inclosure, other than inclosures of railroads, the owner 
of such animal shall be liable to the owner or occupant of such inclosure 
for all damages occasioned thereby. An animal, so breaking into or 
entering, shall not be exempt from execution on a judgment rendered in 
a court, or before an officer having jurisdiction, for damages occasioned 
by such trespass. [5932] ' 

Hedge fences; protection fence for may be built: An owner or 
occupant of land bordering upon a public "road or highway, except a 
street or alley in a municipal corporation, or through which a public 
road or highway passes, may set, plant and cultivate a hedge or live 
fence on the line of such .road or public highway, and place on the 
margin of such road a protection fence, not to occupy more than six feet 
of such margin. Such protection fence, when placed opposite a live 
fence or hedge, set or planted, shall ( be permitted to remain for seven 
years. [5933] 

Trustees may grant permission: The trustees of the township 
may grant permission in writing to the owner of the hedge or live 
fence, described in the next preceding section, to continue the protec- 
tion fence such length of time as is necessary. [5934] 

'Size of hedge fence restricted: The owner of a hedge fence on a 
partition line, or along a public highway, shall not permit it to remain 
of a greater height or width than six feet, for a longer period than 
six months, or leave the cuttings from it on the public highway for a 
longer period than ten days. [5935] 

Penalty for violatingprovisions respecting hedge fences: A per- 
son violating the next preceding section shall be liable to the person 
damaged in a sum not exceeding twenty cents per rod of such hedge 
fence. If the hedge is along a public highway, he shall be liable to 
the trustees of the township in which it is situate in a sum not exceed- 
ing fifteen cents per rod of such fence. [5936] 

Notice: Before judgment is rendered under the next preceding 
section, it must appear, by affidavit, that the person complained against 
has had at least twenty days' notice, before the beginning of the suit, 
from the person complaining, that such hedge was unlawful and that 
unless it was cut to the legal height within twenty days, suit would be 
commenced for such violation. [5937] 

Where actions with respect to hedge fence to be brought: Ac- 
tions under the next three preceding sections shall be brought upon the 
complaint of the person damaged, before a justice of the peace of the 



FENCES. 51 

township in which the hedge is situated, or if it is along "a public high- 
way, the complaint shall be made by the road superintendent in whose 
district it. is situated. [5938] 

Land ownr may construct fence to bridges or culverts: A land 
owner along or through whose lands a, state or county road is laid out 
and established, upon consent and under the direction of the county 
commissioners of the proper county, may build and construct fences 
within such roads leading from the sides thereof to and along the 
approaches to, and to the ends of the sides of bridges and culverts 
constructed over streams and ravines in such highways. [5939] 

Title to highway not to change: Such land owner shall not ac- 
quire title by prescription or otherwise to any portion of the highways 
becoming a part of 'the enclosures of the land owner, by reason of the 
construction of such fences. The owner upon the order of the county 
commissioners shall promptly remove the fences, but no road superintend- 
ent shall remove them except upon permission first obtained from said 
commissioners. The superintendent shall not interfere with the fences 
further than is necessary to open ditches and improve the roabed of 
such highways. [5940] 

Barbed wire prohibited: Barbed wire shall not be used in the 
construction of such fences, and the road superintendent shall remove 
it if it is so used. [5941] 

Cutting of briers, thistles, etc., along partition fences: An owner 
of land, adjacent to a line or partition fence, shall keep all brush, briers, 
thistles or other noxious weeds cut in the fence corners and a strip four 
feet wide on his. side along the line of a partition fence, but this section 
shall not affect .the planting of vines or trees for use. [5942] 

Notice to land owner failing to cut noxious weeds, etc.: If the 

owner or tenant occupying such land, neglects or refuses to cut brush, 
briers, thistles or other noxious weeds, as provided in the next preced- 
ing section, an owner or occupant of land abutting on the line or parti- 
tion fence, after having given the owner or tenant not less than ten 
days' notice to cut or remove them, may notify the trustees of the town- 
ship in which the land is situated, who shall forthwith view the prem- 
ises, and if satisfied that there is just cause of complaint, shall cause 
them to be cut, by letting the work to the lowest bidder, or by entering 
into a private contract therefor. [5943] 

Cost of work; how collected and paid: When such work is com- 
pleted the township trustees shall certify to the auditor of the county 
the amount of the cost of the work with the expense thereto attached, 
and a correct description of the land upon which the work was per- 
formed, and the auditor shall place the amount upon the tax duplicate 
to be collected as other taxes. The county treasurer shall pay the 
amount, when collected, to the township treasurer as other funds. [5944] 



52 OHIO FARM LAWS. 

Anticipating such cost: The township trustees may anticipate the 
collection and refund the cost of such work to the township treasurer 
for the amount, payable out of any township funds that may be in his 
hands. [5945] 

Trustees' fees: The township trustees shall be entitled to one 
dollar and fifty cents per day for their services under the next four 
preceding sections, and the township clerk shall be allowed like fees for 
making, filing and recording papers as are allowed by law for similar 
services. [5946] 

II. Fences Along Railroads. 

Fences: A company or person having control or management 
of a railroad shall construct and maintain in good repair on each side 
of such road, along the line of the lands of the company owning or 
operating it, a fence sufficient to turn stock. When such fence is con- 
structed of barbed wire, or separate lateral strands not connected by 
interwoven wire, or cross perpendicular wire not more than fifteen inches 
apart, there shall be securely fastened to the posts, at the top thereof, 
at right angles thereto, at least one board, not less than one and one- 
eighth inches thick and five inches wide, and extending the entire length 
thereof. [8913] 

Land owner may construct fence at company's expense: If such 
company or person neglects or refuses to construct a fence, as herein- 
before provided, the owner of land* abutting on the line of the land 
of the railroad may construct it so far as his land abuts on the railroad 
lands. When he has completed the fence he may present for payment 
a sworn itemized account of the expense thereof, including materials and 
labor, to the agent of the company for receiving and shipping freight 
at the station nearest to the tract of land so fenced. If such company 
or person neglects or refuses for thirty days, to pay the account, the 
land owner may recover from the owner or lessee of the road, the reason- 
able cost of such fence, and in addition thereto, if recovery is had for 
an amount not less than the amount of the verified itemized account as 
presented to such corporation or person, all reasonable attorney fees 
not to exceed the sum of twenty-five dollars to be assessed and awarded 
by the court or jury trying the issue. [8916] 

Owner may repair fence: When the fence is completed the com- 
pany or person shall ' keep it in good repair, and if such company or 
person permits any part of the fence on the line of its road to get out 
of repair, or it is damaged or destroyed by fire or the elements, so that 
it will not turn stock, the owner of the land abutting on the rail- 
road lands where the fence is out of repair may notify he agent of the 
company for receiving and shipping freight at the station on the road 
nearest to the place where it is defective, that a portion of the fence on 
the line of the road is out of repair, stating where, how, and the prob- 



FENCES. 53 

able cost of repairing it. If such company or person fails for twenty- 
four hours thereafter, to repair or replace the fence so that it will turn 
stock, the owner of the land may furnish materials and repair or replace 
it, and present to sUch agent, for payment, a sworn itemized account of 
the expense thereof, including materials and ^ labor, and if this be not 
paid within thirty days thereafter such land owner may recover from 
the owner or lessee of the road the reasonable expense of such repairs, 
and in addition thereto, attorney's fees as is provided for in the next 
preceding section. [8917] 

When preceding sections do not apply: The provisions of the 
preceding sections relating to fences shall not apply to any case in 
which compensation for building a fence has been or may hereafter be 
taken into consideration, and estimated as a part of the consideration 
to be paid for the right of way, so far as the fence has been or may 
be settled or paid for ; nor shall such sections affect in any manner, any 
contract or agreement between a railroad company, or person having 
the control and management of a railroad, and the proprietors or occu- 
pants of lands adjoining for the construction or maintenance of fences, 
and cattle-guards. [8918] 

When company may build fence at land-owner's expense: If an 

owner of lands abutting on the line of lands of a company, who is 
legally bound to build or repair the fence dividing his lands from the 
lands of the company, neglects or refuses to build or repair such fence 
within the time in which he is bound to build or repair it, the company 
may build or repair such fence, and present an itemized account of the 
cost of labor and material, so expended, to the person thus bound, for 
payment. If it be not settled or paid within thirty days thereafter, the 
company may recover from such person the reasonable cost of such 
labor and materials. [8,919] 

Forfeitures for not constructing and repairing fences: A com- 
pany or person having the control and management of a railroad, neglect- 
ing or refusing to construct fences, cattle-guards, or public crossings, or 
to keep them in repair, as hereinbefore prescribed, after thirty days' 
previous notice or request to construct them, made in writing by any 
person, shall forfeit and pay, for each and every day such company or 
person so refuses or neglects, a sum not exceeding fifty dollars per day, 
to be recovered in a civil action, in the name of the state, for the use 
of the county in which suit is brought. [8920] 

Right to use culvert, etc.* for cattle-way: An owner of land 
through which a railroad is constructed, and upon which there is a 
culvert, waterway, or opening through the embankment of the railroad, 
of sufficient height for such purpose, may use such culvert, waterway, or 
opening, as a stock or cattle-way, under the track of the road, so as to 
permit stock to pass and re-pass. But the landowner shall build and 



54 OHIO FARM LAWS. 

maintain all necessary' fences on both sides of the opening, and not, by 
use, or otherwise, permit the foundations of structures about such open- 
ing to be injured or interfered with. [8921] 

III. Miscellaneous Provisions as to Fences, 

Throwing down fences and bars, opening gates, etc.: Whoever 
wantonly or maliciously throws or lays down, or opens, prostrates, or 
injures, any fence inclosing any land, the property of another, or any 
bars or gate . in any such fence, shall be fined not more than one hun- 
dred dollars, or be imprisoned not more than thirty days, or both. Prose- 
cutions under this section shall not be commenced after one year from 
the time the offense was committed. [12483] 

Burning fence; penalty: Whoever maliciously burns or attempts 
to burn any fence, board, plank, scantling, rail, etc., the property of an- 
other, if the value of the property is thirty-five dollars or more, shall be 
imprisoned in the penitentiary not less than one year nor more than three 
years, or, if the value is less than that sum, be fined not less than five 
dollars, nor more than one hundred dollars, or imprisoned not more than 
thirty days or both. [12436] 

Posting bills on fence, etc., without consent of owner. See 

""Offenses and Trespass pertaining to Farm Property." 



CHAPTER 12. 

Fruits, Fruit Trees, Shrubs and Vines. 

I. Regulations for prevention of disease, etc. 
II. Fruit trees near boundary line, rights of adjoining owners. 

I. Regulations for Prevention of Disease, etc. 

A department or division of nursery and orchard inspection has been 
established in the state board of agriculture. Said board may make such 
regulations as it deems necessary for the prevention and control of insect 
pests or plant diseases. The term "nursery stock," as used in the sections 
herein relating to nursery and orchard inspection, includes trees, shrubs, 
plants and vines commonly grown in nurseries and orchards, except 
greenhouse plants and cuttings thereof, bulbs, flowers , and vegetable 
plants. The terms "insect pests" and "plant diseases," as used in such 
sections, include San Jose scale, peach yellows, black knot and other 
dangerously injurious insect pests and plant diseases. [1109] 

Chief inspector and assistants: The state board of agriculture 
shall appoint a competent entomologist as chief inspector, and such 
assistant inspectors as it deems proper. Under the direction of the 
board, the chief inspector shall have charge of the inspection of nurseries 
and orchards. He may investigate, or cause to be investigated, outbreaks 
of insect pests or plant diseases, recommend suitable measures for their 
eradication or control, devise and test practical remedies for their sup- 
pression, and publish the results of such investigations, together with 
such other information as he deemss necessary. [1110] 

Examination upon request of resident free holder: Upon the 
written request of a freeholder or lessee, resident of this state, the chief 
inspector may cause nursery stock on the premises of the petitioner, or in 
dangerous proximity thereto, to be examined. In the prosecution of his 
official duties, the chief inspector or an assistant inspector may enter 
within reasonable hours upon any premises or into any building contain- 
ing nursery stock. If an examination discloses the presence of insect 
pests or plant diseases, the chief inspector shall notify the owner or 
lessee of the premises of such fact by mailing a notice to his usual post- 
office address. The notice shall specify the nursery stock to which treat- 
ment shall be applied and the time within which the order of the chief 
inspector must be complied with. [1120] 

Failure of owner to comply with order of inspector: If the 
owner of such nursery stock fails to apply such treatment in a satis- 
factory manner and within the time specified, such treatment may be. 

(55) 



56 



OHIO FARM LAWS. 



given under the direction of the chief inspector, and the costs thereof 
certified to the auditor of the county in which the property is located. 
The costs so certified shall be a lien on such premises, be collected by 
the county treasurer as other taxes, and paid to the state board of agri- 
culture. [1121] 

(II. Fruit Trees on or Near the Boundary Line; Rights of Adjoining 

owner. 

The owner of the land on which a fruit tree stands is the owner of 
the whole tree and the' fruit thereof although the roots and branches 
of such tree may grow across and hang over the boundary line upon the 
land and domain of another. The fruit although growing upon branches 
projecting over the line and upon ripening falls upon the ground of the 
adjoining owner, belongs to the owner of the land upon which the 
body of the tree stands, and he may pick it from such projecting branches 
or go upon the adjoining owner's land for such fruit after it ripens and 
falls, and is not a trespasser by such act. The only lawful right or privi- 
lege which such adjoining owner may exercise with reference to such 
tree is, that he may cut off the branches up to the line ; but he is a 
trespasser if he remove the fruit from such branches before severing 
them. These views of the law are sustained by the decisions in the fol- 
lowing cases : The cases cit-ed where the body of a stree stand upon 
the boundary line when applied to fruit trees would seem to lead to the 
conclusion that the adjoining owners have an equal right in the tree, 
and, consequently an equal right in the fruit. 2 

Notes — The owner of the fee is not entitled to the fruit of a tree growing 
on the land of another, although the branches overhang his land. Hoffman vs. Arm- 
strong, 48 N. Y. 201. In this case the owner of the tree atempted to pick cherries 
on branches hanging over the line when the owner of the adjoining property as- 
saulted the picker. The court instructed the jury that owner of the tree owns the 
whole of it. 

When an apple tree stood six feet from the division line and its branches and 
roots crossed the line, the tree and the fruit were the sole property of the owner 
of the land on which the tree stood, and the party over whose land the branches 
projected across the line could not pick the fruit without being guilty of trespass. 
Skinner vs. Miller, 38 Vt. 115. 

Where the tree stands four feet from the line and some of the branches over- 
hang adjoining land, the fruit on those branches belongs to the owner of the tree, 
and the owner of the land over which they hang is a trespasser if he removes the 
fruit. If the branches are a nuisance, he has a right to remove them. Lyman vs. 
Hale, 11 Conn. 177. 

If the fruit of a tree belonging to A fall upon the land of B, and A go upon 
the land of B to take it away, an action of trespass does not lie, because the falling 
of this there could not be prevented. Miller vs. Fawdry, Latch, 120 dictum. 

2. A tree standing so nearly upon the boundary line that portions of its body 
extend into each, the same is the property in common of the landowners. And 
neither of such owners is at liberty to cut the tree without the consent of the other, 



FRUITS, FRUIT TREES, SHRUBS AND VINES. 57 

nor, to cut away the part which extends into his land, if thereby injures the com- 
mon property in the tree. 1 Washburn on Real Property 7 § a, 29 h, R. A. 585. 

A tree standing on the boundary line is the common property of both parties 
whether marked or not, and trespass will lie, if one attempt to destroy it without the 
consent of the other. Griffin vs. Bixby, 12 N. H., 454. 



CHAPTER 13. 

Game Laws. 
(Birds, fish and game.X 

I. Ownership in game and wild animals. 

II. Protection of song birds. 

III. Protection of game birds and animals. 

IV. Sale and transportation prohibited. 
V. Carrier pigeons protected. 

VI. Non-resident hunters' license. 
VII. Law regulating fishing in inland waters. 

I. Ownership in Game and Wild Animals. 

The ownership of game animals and birds is in the State in its 
•Sovereign capacity, and the question of possession or ownership by an 
individual is not one of public right but' of public policy, and may be 
regulated and restrained by legislation enacted for the common good. — 
Fitton vs. State, IN. P. Ns. 133.- Wild animals when captured and 
under control of the capturer are his property. — 65 N. C. 315. Pursuit 
alone vests no property or right in the huntsman, nor even when accom- 
panied with wounding unless the wounding be such as to bring the 
animal within the power or control of the hunter. To assert and main- 
tain the right of property in a wild animal there must be occupancy 
which means actual corporal possession, power or control of the animal; 
otherwise there is no property. 2 Braeton, Chap. 1, page 8; 3 Cai 177; 
20 John 75, 4 Puffen, Chap. 6. When wild animals have been killed and 
labor has been bestowed upon their carcasses, the product of that labor 
is property and subject to larceny. 5 N. H. 203. 

II. Protection of Song Birds. 

Catching and killing birds other than game birds: No person 
shall catch, kill, injure, pursue or have in his possession either dead or 
alive, or purchase, expose for sale, transport or ship to a point within 
or without the state a turtle or mourning dove, sparrow, nut-hatch, 
warbler, flicker, vireo, wren, American robin, catbird, tanager, bobolink, 
blue jay, oriole, grosbeck or redbird, creeper, redstart, waxwing, wood- 
pecker, humming bird, killdeer, swallow, bluebird, blackbird, meadow 
lark, bunting, starling, redwing, purple martin, brown thresher, American 
goldfinch, chewink or ground robin, pewee or phoebe bird, chickadee, 
fly-catcher, gnat catcher, mousehawk, whip-poor-will, snowbird, titmouse, 
gull, eagle, buzzard, or any wild bird other than a game bird. No part 
of the plumage, skin or body of such bird shall be sold or had in posses- 
sion for sale. [1409] 

(58) 



GAME LAWS. 59 

Disturbing or destroying nests of such birds: No person shall 
disturb or destroy the eggs, nests or young of a bird named in the. 
preceding section ; but nothing" in this or the preceding section shall 
prohibit the killing of the chicken hawk, blue hawk, Cooper hawk, sharp* 
skinned hawk, crow, great horned owl, or English sparrow, or the de- 
stroying of their nests, or prohibit the owner or duly authorized agent 
of the premises from killing blackbirds at any time, except on Sunday, 
when they are found to be a nuisance or are injuring grain or other 
property. [1410] 

Permit to collect eggs for scientific purposes: The preceding 
two sections shall not apply to a duly accredited person having a permit 
issued by order of the commissioners of fish and game authorizing him 
to collect birds, their nests, and eggs for scientific purposes only. The 
applicant for a permit shall present to the commissioners the written 
testimonials of two well known scientific persons or teachers of science, 
certifying to the good character and fitness of the applicant and pay the 
commissioners a fee of five dollars. He shall also give a bond to the. 
state in the sum of one hundred dollars with two or more sureties -ap- 
proved by the commissioners that he will not kill a bird or take the 
nests or eggs of a bird for any other purpose than that provided herein, 
which bond shall be kept in the office of the commissioners. Each 
permit shall be in force for one year from the date of its issue and 
shall not be transferable, but upon the forfeiture of a bond of a person, 
his permit shall become void. [1411] 

III. Protection of Game Birds and Animals. 

When certain game birds may be killed: No person within this 
state shall catch, kill, injure or pursue with such intent a Virginia 
partridge or quail, except from the fifteenth day of November to the 
fourth day of December, both inclusive; a woodcock or Carolina dove, 
except from the first day of September to the fourth day of December, 
both inclusive; a rail, shore bird, plover, snipe, wild duck, wild goose, 
wild swan, coot or mud hen, except from the first day of September to 
the thirty-first day of December, both inclusive, and from the first day 
of March to the twentieth day of April, both inclusive ; Mongolian pheas- 
ant, English pheasant, ring-neck pheasant, or other pheasant, before the 
fifteenth day of November, 1913, or after that date except from the 
fifteenth day of November to the fourth day of December, both in- 
clusive; but no person shall catch, kill, injure or pursue a wild duck 
or water fowl on Sunday or Monday of any week, or catch, kill, injure 
or pursue, or shoot such water fowl before sunrise or after sunset of 
any day during the time fixed herein when it shall be lawful to kill 
them. The birds named in this section shall be known and classed as- 
game birds in contradistinction to all other birds. [1412 as amended; 
after adoption of Code. See Preface,] 



60 OHIO FARM LAWS. 

Restrictions as to how certain game birds may be killed: No 

person shall catch, kill, injure or pursue any of the birds mentioned in 
the preceding section with the aid or by the use of a trap, net or snare, 
or disturb or destroy the nests, eggs or young thereof ; or catch, kill, 
injure or pursue a wild duck or other water fowl named in such section 
with the aid or by the use of any gun, except a common shoulder gun 
of not larger than ten gauge, or with the aid of or from a sink boat, 
sink box, sneak boat, or any other boat except a common row boat 
propelled by oars. No person shall shoot at any Virginia partridge or 
quail, except when they are flying, or kill in one day more than twelve 
Virginia partridge or quail, Carolina dove, woodcock, geese, rail, shore 
bird, plover or snipe, or more than twenty-five duck. [1413] 

Rabbits: No person shall catch, kill, injure or pursue with such 
intent, a rabbit with the aid of *>r by the use of a gun, except from the 
fifteenth day of November to the fourth day of December, both in- 
clusive ; but nothing in this section shall prohibit the killing of rabbits 
in any manner or at any time, except Sunday, by the owner, manager or 
tenant of premises or by a bona fide employe of such owner, manager or 
tenant when they are found injuring grain, berries, fruit, vegetables, 
trees or shrubbery. No ferret shall be used in catching or hunting rabbits 
except by the owner or lessee of lands or a bona fide employe of such 
owner or lessee and when they are destroying or injuring trees, shrub- 
bery, grain, berries or fruit. [1414] 

Raccoons: No person shall kill or pursue with such intent a 
raccoon, except from the first day of November to the first day of 
March, both inclusive ; but nothing in this section shall prohibit the* kill- 
ing of raccoons in any manner or at any time, except on Sunday, by the 
owner, manager or tenant of the premises, or by his bona fide employe 
when such raccoons are found injuring grain or catching domestic fowls. 
[1415] 

Squirrels: No person shall catch, kill, injure or pursue a squirrel 
except from the first day of October to the thirtieth day of October, 
both inclusive. [1416] 

IV. Sale and Transportation Prohibited. 

Buying, selling or exposing for sale birds or squirrels: No per- 
son shall buy, sell, expose for sale, offer for sale, or have in possession 
any of the birds named in this chapter or any squirrel during the time 
when the killing of such birds or squirrels is unlawful, or take, catch, 
kill or pursue such birds or squirrels for the purpose of sale within this 
state, or for the purpose of sale or shipment beyond the limits of this 
state, or buy, sell, expose for sale, offer for sale or have in possession 
for the purpose of sale any such birds or squirrels. [1417] 



GAME LAWS. 61 

V. Carrier Pigeons Protected. 

Carrier pigeons: No person, except the owner thereof, shall 
catch, kill, injure or detain an Antwerp or homing pigeon, commonly 
called a "carrier" pigeon which at the time of its capture or detention 
has the name of its owner stamped upon its wing or tail, or which has 
.upon its leg a band bearing the name or initial of its owner, its number 
or any other mark designating it as a carrier pigeon. [1420] 

VI. Non-Resident Hunters' License. 

License: A non-resident who desires to hunt in this state shall 
make application, for a hunter's license to the clerk of courts of the 
county in which he desires to hunt, and for such license pay a fee of 
■fifteen dollars and an additional fee of twenty-five cents if deriianded 
by the clerk of courts. [1421] 

VII. Laws Regulating Fishing in Inland Waters. 

Fishing districts: The waters of Lake Erie, the waters of San- 
dusjcy bay as far up as one-half mile east of the east end of Eagle Island, 
the waters of Portage bay as far up as Oak Harbor bridge, and the 
waters of the Maumee bay up to a point opposite Presque Isle shall be 
known as the Lake Erie fishing district of this state. All other waters 
over which the state of Ohio has jurisdiction, whether lakes, rivers, 
creeks or reservoirs and whether natural or artificial, including East 
Harbor, West Harbor and Middle Harbor in Ottawa County, the waters 
of Ten Mile Creek lying within this state, shall be known as the inland 
fishing district of the state. [1425] 

Laws relating to inland district: Only those laws relating to 
the inland fishing district of the state are given below except where its 
provisions apply to the Lake Erie as well as the inland district. 

Use of nets, seine, or\other device: No person shall draw, set, 
place, locate, maintain or have in possession a pound net, trammel net, 
fyke net, set net, seine, fish trap, throw cr hand line with more than three 
hooks attached thereto, or any other device for catching fish, except a 
hook and line with bait or lure, in the inland fishing district of this state, 
or take or catch a fish in such fishing district with what are known as 
trot lines, bob lines, set lines or float lines, or by spearing ; but nothing 
herein shall prohibit an owner or person having the owner's consent 
from taking or catching a fish by a trot line, bob line, or by spearing, 
in that part of the stream bordering on or running through his own 
lands. [1426] 

Fishing through ice: No person shall take or catch fish in any 
manner in the inland fishing district in this state while the waters thereof 
are frozen over, covered or partly covered with ice,' or through a fissure, 



62 OHIO FARM LAWS. 

crack or break therein, except through a hole cut in the ice, not more 
than two and one-half feet in diameter. Not more than two holes shall 
be cut or used by any one fisherman, nor shall more than two hooks be 
used on any one line, and no fish so caught shall be bartered or sold. 
[1427] 

Taking or catching black bass: No person shall take, catch, or 
have in possession a black bass less than ten inches in length, nor take 
or catch a black bass in either of the fishing districts of this state, except. 
with hook and line with bait or lure. In the inland fishing district of 
this state, black bass shall not be taken in any manner between the first 
day of May and the thirty-first day of May, both inclusive. In the Lake 
Erie fishing district black bass shall not be taken in any manner between 
the twenty-fifth day of May and the fifteenth day of July, both inclusive ; 
but if black bass are caught unintentionally in a net in the Lake Erie 
fishing district and while such net is being lifted are released alive in 
such a manner as not to injure them, such taking or catching shall not 
be an offense. [1428] 

Sale of black bass prohibited: No person, firm or corporation 
shall sell, offer for sale, barter, give away or have in possession for any 
such purpose, ship or transport out of the state a black bass whether 
caught in either of the fishing districts of the state or caught outside 
of the state. Each black bass so bought, sold, offered or exposed for 
sale, bartered, given away or had in possession or unlawfully caught 
shall constitute a separate offense. [1429] 

Sale of rock bass, sun fish, etc., prohibited: No person, firm or 
corporation shall sell, offer for sale, barter or have in possession for 
any such purpose, rock bass, calico or strawberry bass, croppies, blue 
gills or sun fish, whether caught in either of the fishing districts of the 
state or outside of the state, and each fish so bought, sold, offered for 
sale, exposed for sale or bartered away shall constitute a separate offense. 
[1430] 

Trout and salmon: No person shall take, catch, kill, offer, for 
sale, sell, buy, or have in possession a brook trout, speckled trout, Von 
Behr or brown trout, land locked salmon or California salmon, except 
from the fifteenth day of April to the fifteenth day of September, both 
inclusive. [1431] 

Turtle: No person shall catch or pursue a turtle by the aid or 
use of a seine or net, except a single seine or net the meshes of which 
are not less than four inches by four inches in dimensions. [1432] 

Minnows: No person shall take, catch, buy or sell minnows, 
except for bait, or ship "white bait," except alive, out of the state. In 
the inland waters of the state no minnows shall be taken or caught with 
a minnow seine exceeding four feet in depth and eight feet in length. 



GAME LAWS. 63 

.and in Lake Erie fishing district no minnows shall be taken or caught 
with a minnow seine exceeding thirty feet in length. [1433] 

Construction of crib: In the Lake Erie fishing district, the 
meshes of the back of the crib or car of all nets used in fishing shall 
hang squarely and be not less than two and seven-eighths inches in 
length and width, except on the edges of ..the back next to the corner 
or side lines for a distance on each side equal in width to one-third the 
width of such back. The mesh herein specified shall be- on the middle 
of such back and extend from the top to the bottom thereof. Until 
August 1, 1910, the words "stretched mesh" shall mean "stretched mesh, 
factory measure." On and after March 19th, 1910, the meshes of the 
entire back of the crib or car of all trap or fyke nets used in fishing 
in said district shall be not less than three inches in length and width, 
stretched mesh. In case of fyke nets the mesh herein specified may be 
placed in the space between the last two hoops thereof, instead of in 
the back of the crib or car, such space to be not less than three feet 
in width. When such large mesh is placed in the back of the crib or 
car, no puckering back shall be used. A. gill net shall not be used having 
meshes less than three inches, stretched mesh. [1441] 

Weight and length of certain fish: No person shall have in his 
possession a white fish less than one and three-quarter pounds in the 
round, a catfish less than fifteen inches in length, a sturgeon less than four 
feet in length, or a perch, white bass or bull head less than eight inches 
in length. All such fish caught of a less length than herein described 
shall be immediately released alive while the nets are being lifted in 
such a manner as not to injure them. No catfish or sturgeon shall be 
brought ashore with its head or tail removed or in such condition that 
its length cannot be measured. Nothing herein shall prohibit the catch- 
ing of such fish with hook and line and not for profit ; and the having 
in possession or failing to return to the water alive in the manner pro- 
vided of a quantity of the under-sized fish mentioned herein not exceed- 
ing in . weight three per cent, of each boat load or part thereof, lot, 
catch or haul, brought into port of each variety of fish shall not be 
deemed a violation of this section. [1442] 

Having in possession fish illegally taken: No person shall buy, 
sell, offer for sale or have in his possession a fish caught out of season 
or in any manner prohibited, or a fish caught unlawfully outside the 
state of Ohio. [1443] 

Labeling of receptacle, containing fish or game for shipment: No 

person shall deliver or receive for transportation a package, box or other 
receptacle containing birds, fish or game, unless it is labeled on the 
address side in plain letters with the name and address of the owner or 
consignor and with the weight and kind of fish and the number and 
kinds of birds and game which such package, box or receptacle con- 



64 OHIO FARM LAWS. 

tains, or falsely label such package, box or receptacle or deliver or re- 
ceive for transportation or to transport any birds, fish or game which 
have been killed, taken or had in possession in violation of law. [1444] 
Penalties for violations: Whoever violates any provision of sec- 
tions fourteen hundred and nine to fourteen hundred and forty- four, 
both inclusive, shall be fined not less than twenty-five dollars nor more 
than two hundred dollars, and the costs of prosecution, and upon default 
of payment of fine and costs shall be committed to the jail of the county 
or to some workhouse and thereconfined one day for each one dollar of 
the fine and costs against him. He shall not be discharged or released 
therefrom by any board or officer except upon payment of the portion 
of the fine and costs remaining unserved or upon the order of the com- 
missioners of fish and game. [1445] 

Use of quicklime, explosives, etc., prohibited: No person shall 
take, catch, or kill fish in any waters, over which the state of Ohio has 
jurisdiction, by means of quicklime, electricity, or any kind of explosive 
or poisonous substance, or place or use quicklime, electricity, explosive 
or poisonous substances in any such waters except for engineering pur- 
poses and upon the written permission of the president of the fish and 
game commission. [1446] 

Penalty: Whoever violates any provision of the preceding sec- 
tion shall be fined not less than fifty dollars nor more than two hundred 
and fifty dollars, or be imprisoned not less than thirty days nor more 
than six months, or both. [1447] . 

Removal of obstructions: The chief warden, deputy state wardens 
or any other person may take up, remove or clear away an obstruction 
to the natural transit of fish, except mill' 'dams, placed in any of the 
waters of this state, but this section shall not apply to Lake Erie. [1448] 

Measurements of fish: For the purpose of this chapter measure- 
ments of fish shall be made from end of nose to the longest tip or 
end of the tail. [1449] 

Exception as to German carp: German carp may be taken or 

caught at any time in the bays, marshes, estuaries or inlets bordering 
upon, flowing into or in any manner connected with Lake Erie, with 
any seine, having meshes not less than four inches, stretched mesh. Other 
nets or devices may be used if authorized by the commissioners of fish 
and game. Written permission to catch carp in such waters shall be 
granted to any person making application to the commissioners for such 
privilege who satisfies the commissioners that he will not violate a law 
for the protection of fish. Such permission may be revoked by the com- 
missioners upon conviction of the holder thereof for taking fish con- 
trary to law. [1453] 

Taking fish in pools and lagoons: Nothing in this chapter shall 
prevent the taking of fish in any manner in the ponds or lagoons formed 



GAME LAWS. 65 

by the receding waters of any river,, when such ponds and lagoons /no 
longer have any connection with the channels of such streams, or to a 
private artificial fish-pond or privately owned lakes. [1456] 

Lawful possession of nets and other devices for catching fish: 

Nothing in this chapter shall apply to nets, traps, or other devices for 
catching fish, in the possession of the owner of private artificial fish 
ponds, for use in such ponds, or to fish nets, fish traps, or other devices 
for catching .fish, not otherwise prohibited, to be used in catching fish in 
the Ohio river, Lake Erie, or in those bays of Lake Erie, wherein fish- 
ing with such devices is permitted, when such fish nets, fish traps, or 
other devices are kept within one mile of the Ohio river, Lake Erie, 
Sandusky bay as for up as Eagle Island, Portage bay as far up as Oak 
Harbor bridge, Maumee bay or Maumee river as far up as the Cherry 
street bridge in the City of Toledo. [145?] 

Fish confined in net, subject of larceny: Fish lawfully taken or 

caught and confined in a net or by a device authorized by law shall be' 

the property of the person, firm, or corporation operating such net or 
device and shall be the subject of larceny. [1465] 



0. F. L. 



CHAPTER 14. 
Health and Humane Laws. 

I. Health laws. 
II. Humane laws. 

I. Health Laws. 

Deposit of dead animals, offal, etc., upon land or water: Who- 
ever puts the carcass of a dead animal or the offal from a slaughter 
house, butcher's establishment, packing house or fish house, or spoiled 
meat, spoiled fish, or other putrid substance or the contents of a privy 
vault, upon or into a lake, river, bay, creek, pond, canal, road, street, 
alley, lot, field, meadow, public ground, market space, or common, or, 
being the owner or occupant of such place, knowingly permits such thing 
to remain therein to the annoyance of any citizen or neglects to remove 
or abate the nuisance occasioned thereby within twenty-four hours after 
knowledge of the existence thereof, or after notice thereof in writing 
from a road superintendent, constable, trustee or health officer of a 
municipal corporation or township in which such nuisance exists or from 
a county commissioner of such county, shall be fined not less than ten 
dollars nor more than fifty dollars, and in default of the payment of 
such fine and costs, shall be imprisoned not more than thirty days. 
[12649] 

Obstructing stream or producing stagnant water: Whoever 
builds, erects, continues or maintains a dam or other obstruction in a 
river or stream 0/ water and thereby raises an artificial pond or pro- 
duces stagnant water which is manifestly injurious to the public health 
and safety, shall be fined not more than five hundred dollars. [12652] 

Defiling spring or well: Whoever maliciously puts a dead animal, 
carcass or part thereof, or other putrid, nauseous or offensive sub- 
stance into, or befouls a well, spring, brook or branch of running water, 
or a reservoir of a water-wprks, of which use is or may be made for 
domestic purposes, shall be fined not less than five dollars nor more 
than fifty dollars or imprisoned not more than sixty days, or both. 
[12654] 

Selling, etc., unwholesome provisions: Whoever sells, offers for 
sale or his in possession with intent to sell, diseased, corrupted, adulter- 
ated or unwholesome provisions without making the condition thereof 
known to the buyer, shall be fined not more than fifty dollars or im- 
prisoned twenty days, or both. [12760] 

Selling meat of calf less than four weeks old: Whoever, for the 

(66) 



HEALTH AND HUMANE LAWS. 67 

purpose of selling, kills a calf less than four weeks old, or knowingly 
sells its meat or has such meat in his possession with intent to sell, 
shall be fined not more than fifty dollars or imprisoned twenty days, or 
both. [12761] 

Depositing poison on thoroughfares: Whoever leaves or de 
posits poison or a substance containing poison in a common, street, alley, 
lane or thoroughfare, or a yard or enclosure occupied by another, shall 
be fined not less than five dollars nor more than fifty dollars or impris- 
oned not less than five days nor more than thirty days, or both, and be 
liable to the person injured for all damages sustained thereby. [12663] 

Feeding unwholesome offal or flesh to swine, etc.: Whoever 
feeds to animals, used for human food, the flesh of an animal which 
has become old, decrepit, infirm or sick, or which has died from such 
cause, or offal or flesh that is putrid or unwholesome, shall be fined not 
less than fifty dollars nor more than two hundred dollars or imprisoned 
not more than thirty days, or both, and, for each subsequent offense, 
shall be fined not less than fifty dollars nor more than two hundred 
dollars or imprisoned not more than six months, or both. [12779] 

Animals dying from contagious diseases: Whoever, being the 
owner of an animal dying of a contagious disease, within twenty-four 
hours after knowledge thereof or after notice in writing from the town- 
ship trustees, fails to burn the body of such animal, or bury -it not less 
than four feet below the surface of the ground or remove it in a water 
tight tank to a fertilizing establishment, shall be fined not less than five 
dollars nor more than twenty dollars and pay all necessary expenses 
incurred in disposing of such animals. [12780] 

Duty of township trustees: In event of failure to comply with 
the next preceding section the township trustees shall have such body 
burned or buried and bring an action before a justice of' the peace to 
recover fines, costs and expenses. [12781] 

Fish offal: Whoever takes one or more barrels of fish from any 
of the waters of this state and fails to bury the offals thereof at least 
two and a half feet beneath the surface of the earth, or burn them, 
within one day after such fish are taken and cleaned, shall be fined not 
less than five dollars nor more than fifty dollars before any justice of 
the peace of the county in which the offense was committed. [12782] 

Putting dead animals in canals: Whoever wilfully places, or 
causes to be placed, a dead animal in a canal or -slack water pool be- 
longing to the state, shall be fined not less than five dollars nor more 
than twenty dollars. Such offender may be prosecuted before any justice 
of the peace in any county where he may be found. [12783] 

Jurisdiction of municipality to pnevent water pollution: Whoever 
pollutes a running stream, the water of which is used for domestic 



68 OHIO FARM LAWS. 

purposes by a municipality, by putting therein a putrid or offensive sub- 
stance, injurious to health, shall be fined not less than five dollars nor 
more than five hundred dollars. The director of public service or board 
of trustees of public affairs of a municipal corporation shall enforce 
the provisions of this section. The jurisdiction of a municipal corpora- 
tion to prevent the pollution of its water supply and to provide penalty 
therefor, shall extend twenty miles beyond the corporation limits. [12784] 

Person with contagious disease in public place: Whoever, while 
suffering from smallpox, cholera, plague, yellow fever, diphtheria, mem- 
branous croup, or scarlet fever, wilfully or unlawfully exposes himself 
in a street, shop, inn, theatre or other public place or public conveyance, 
or, being in charge of a person so suffering, so exposes such sufferer, 
or gives, lends, sells, transmits or exposes withotu previous disinfection 
by the board of health, bedding, clothing, rags or other thing, which 
have been exposed to infection from such disease, or knowingly lets 
for hire a house, room or part of a house in which a person has been 
suffering from such disease prior to the disinfection thereof by the 
board of health, snail be fined not more than one hundred dollars or 
imprisoned not more than ninety days or both. [12785] 

First offense: A person violating the next preceding section 
shall not be imprisoned for the first offense, and the prosecution shall 
always be as and for the first offense unless the affidavit on which it is 
instituted contains a contrary - allegation. [12786] 

Failure to report infant with diseased eyes: Whoever, being a 
midwife, nurse or relative in charge of an infant less than ten days old, 
fails within six hours after the appearance thereof, to report in writing 
to the physician in attendance upon the family, or if there be no such 
physician, to a health officer of the city, village or township in which 
such infant is living, or, in case there be no such officer, to a practitioner 
of medicine legally qualified to practice, that such infant's eye is in- 
flamed or swollen or shows an unnatural discharge, if that be the fact, 
shall be fined not less than five dollars nor more than one hundred 
dollars or imprisoned not less than thirty days nor more than six 
months, or both. [12787] 

II. Humane Laws. 

Torturing or unlawfully punishing another: Whoever tortures, 
torments, cruelly or unlawfully punishes another, or wilfully, unlawfully 
and negligently deprives him of necessary food, clothing or shelter, shall 
be fined not less than ten dollars nor more than two hundred dollars, or 
imprisoned not more than six months, or both. [12428] 

Abandonment of destitute, infirm or aged parent: Whoever, be- 
ing an adult resident of the state and possessed of or able to earn 
means sufficient to provide food, shelter, care and clothing for a parent, 



4 HEALTH AND HUMANE LAWS. 69 

within this state, who is destitute of means of subsistence and unable 
either by reason of old age, infirmity or illness to support himself, neg- 
lects or refuses to supply such parent with necessary shelter, food, care 
and clothing shall be imprisoned in a jail or workhouse at hard labor 
for not less than three months nor more than one year. [12429] 

Bond in such case: If a person committed under the next pre- 
ceding section, before sentence, enters into bond with good and sufficient 
surety, to be approved by the court, in the penal sum of one thousand 
do/lars, conditioned that he will furnish such parent with necessary and 
proper shelter, food, care and clothing, the court shall withhold sentence. 
[12430] 

If parent fails to support child: No person shall be required to 
furnish a parent with shelter, food, care or clothing, if such parent aban- 
doned, deserted or wilfully refused or neglected to support and maintain 
him while an infant under sixteen years of age. [12431] 

Torturing or neglecting children: Whoever, having the control 
of or being the parent or guardian of a child under the age of sixteen 
years, wilfully abandons such child, or tortures, torments, or cruelly or 
unlawfully punishes it, or wilfully, unlawfully or negligently fails to 
furnish it necessary and proper food, clothing or shelter, shall be fined 
not less than ten dollars nor more than two hundred dollars or impris- 
oned not more than six months, or both. [12970] 



CHAPTER 15. 
Holidays and Time. 

Time, how computed: Unless otherwise specially provided, the 
time within which an act is required by law to be done shall be com- 
puted by excluding the first day and including the last; and if the last 
be Sunday, it shall be excluded. [10216] 

Events occurring same day: When an act is to take effect, or 
become operative, from and after a day named, no part of that day 
shall be included. And if priority of legal rights depends upon the 
order of events on the same day, such priority shall be determined by 
the times in the day at which they respectively occurred, except as 
otherwise especially provided by law 1 . [Codifying Commission, 10217.] 

Time of maturity: Every negotiable instrument is payable at 
the time fixed therein without grace. When the day of maturity falls 
upon Sunday, or a holiday, the instrument is payable on the next suc- 
ceeding business day. Instruments falling due on Saturday are to be 
presented for payment on the next succeeding business day, except that, 
at the option of the holder, instruments payable on demand may be pre- 
sented for payment before twelve o'clock noon on Saturday when that 
entire day is not a holiday. [8190] 

Holidays: The following days, viz.: 

1. The first day of January, known as New Year's day; 

2. The twenty-second day of February, known as Washington's 
birthday ; 

3. The thirtieth day of May, known as Decoration or Memorial day; 

4. The fourth day of July, known as Independence day ; 

5. The first Monday of September, known as Labor day; 

6. The twenty-fifth day of December, known as Christmas day ; 

7. Any day appointed and recommended by the governor of this 
state or the president of the United States as a day of fast or thanks- 
giving; and 

8. Any day which may hereafter be made a legal holiday, shall, for 
the purposes of this division, be holidays. But if the first day of Janu- 
ary, the twenty-second day of February, the thirtieth day of May, the 
fourth day of July, or the twenty-fifth day of December, be the first 
day of the week known as Sunday, the next succeeding secular or busi- 
ness day shall be a holiday. [8301] 

Labor Day same as Sunday: The first Monday in September 
of each and every year shall be known as Labor Day, and for all pur- 
poses whatever considered as the first day of the week. [5977] 

(70) 



HOLIDAYS AND TIME. 71 

Election day: First Tuesday after the first Monday in November 
of each year from 5 :30 A. M. to 9 :00 A. M. is a legal holiday for election 
purposes only. [5976] 

Saturday holf holiday; effect on negotiable instruments: Every 
Saturday of each year shall be a one-half legal holiday for all purposes, 
beginning at twelve o'clock noon and ending at twelve o'clock midnight. 
Bills, bonds or promissory notes presentable for payment or acceptance 
on Saturday or on the preceding day if it be a holiday, shall be pre- 
sentable for acceptance or payment at or before twelve o'clock noon of 
such Saturday, but if not then paid or accepted, a demand of acceptance 
or payment therefor may be made and notice of protest of dishonor 
thereof given on the next succeeding secular business day. [5978] 

Central standard time used in courts, banks, public offices and 
for legal proceedings: The standard of time throughout this state 
is that of the ninetieth meridian of longitude west from Greenwich, 
and shall be known as "Central Standard time." Courts, banks and 
public "offices, and all legal or official proceedings shall be hereafter regu- 
lated thereby ; and when by a law, rule, order or process of any authority, 
created by or pursuant to law an act must be performed, at or within a 
prescribed time, it shall be so performed according to the standard of 
time. [5979] 

Timepiece in or upon public building to keep central standard 
time: When a clock or other timepiece is in or upon a public build- 
ing maintained at public expense, the board of county commissioners, 
board of education, or other persons having control and charge of suck 
building, shall have such clock or other timepiece set and run according 
to such standard of time. 



CHAPTER 16. 

Husband and Wife. 

Mutual obligations: Husband and wife contract towards each 
other obligations of mutual respect, fidelity, and support. [7995] 

Husband the head of family: The husband is the head of the 
family. He may choose any reasonable place or mode of living, and the 
wife must conform thereto. [7996] 

Duty of husband to support family: The husband must support 
himself, his wife, and his minor children out of his property or by his 
labor. If he is unable to dd so, the wife must assist him so far as she 
is able. [7997] 

Interest in the property of the other: Neither husband nor wife 
has any interest in the property of the other, except as mentioned in the 
next preceding section, the right to dower and to remain in the mansion 
house after the death of either, as provided by law ; and neither can be 
excluded from the other's dwelling. [7998] 

May contract the same as if unmarried: A husband or wife may 
enter into any engagement or transaction with the other, or with any 
other person, which either might if unmarried; subject, in transactions 
between themselves, to the general rules which control the actions of 
persons occupying confidential relations with each other. [7999] 

Cannot alter their legal relations: A husband and wife can not 
by any contract with each other alter their legal relations, except that 
they may agree to an immediate separation, and make provisions for the 
support of either of them and their children during the separation. [8000] 

May take and hold property: A married person may take, hold 
and dispose of property, real or personal, the same as if unmarried. 
[8001] ' 

Not answerable for acts of the other: Neither husband nor wife, 
as such, is answerable for the acts of the other. [8002] 

Support of wife when husband neglects to do. so: If the hus- 
band neglects to make adequate provision for the support of his wife, 
any other person, in good faith, may supply her with necessaries^ for her 
support, and recover the reasonable value thereof from the husband. 
[8003] 

When wife abandons husband: If the wife abandons the hus- 
band, he is not liable for her support until she offers to return, unless 
she was justified, by his misconduct, in abandoning him. [8004] 

(72) 



CHAPTER 17. 

Grist Mills. 

Rates of toll: The owner or occupier of a water or stream 
grist-mill, may take for toll the one-tenth part of wheat, rye or other 
grain, ground and bolted, the one-twelfth part of rye, malt or buck- 
wheat, ground or chopped, and the one-eighth part of corn ground in 
such mill. If a horse-mill, and the proprietor thereof furnishes the 
horses or team, he may take for toll one-fourth part of the grain ground, 
or ground and bolted ; otherwise he shall be entitled only to the one- 
eighth part. [5973] 

What owner to return for wheat ground: An owner or occupier 
of a grist-mill or exchange store refusing to return the product of a 
grist of wheat ground, less lawful toll, shall return in lieu thereof to his 
customers, merchantable flour, shorts and bran for each bushel of mer- 
chantable wheat delivered to him as follows : For each bushel of mer- 
chantable wheat weighing sixty or more pounds to the measured ,bushel, 
thirty-six pounds of number one family flour and fourteen pounds of 
shorts and bran ; for each bushel of merchantable wheat weighing less 
than sixty pounds and not less than fifty-nine pounds to the measured 
bushel, thirty-five pounds of number one family flour and fourteen 
pounds of shorts and bran ; for each bushel of merchantable wheat 
weighing fifty-eight pounds to the measured bushel, thirty-four pounds 
of number one family flour and fourteen pounds of shorts and 'bran ; 
and for each bushel- of merchantable wheat weighing fifty-seven pounds- 
to the measured bushel, 1 thirty-three pounds of number one family flour 
and fourteen pounds of bran. [5974] 

Responsibility of miller for safe-keeping of grain: The owner 
or occupier of a grist-mill shall be liable for the safekeeping of grain 
received therein for the purpose of being ground, and shall deliver it 
when ground, or ground and bolted, with the bags or casks which were 
delivered in the mill with the grain, to the owner thereof when called 
for, if such bags or casks are distinctly marked with the christian name 
and surname of the owner thereof. An owner or occupier of a mill 
shall not be liable for the loss of grain, bags or casks by robbery, fire 
or other accident without his fault or neglect, or that of a miller em- 
ployed by him. [5975] 

Taking illegal toll at mill: Whoever, being the owner or occu- 
pier of a mill, or his representative, agent or miller, takes a greater 
proportionate quantity of toll than is allowed by law, shall be fined not 
more than twenty dollars and be liable to the party injured in damages. 
[13110] 

(73) 



CHAPTER 18. 
Landlord and Tenant. 

I. The relation of landlord and tenant. 

II. Lease and its covenants. 

III. Holding over term. 

IV. Notice to quit, ejectment, etc. 
V. Rents. 

VI. Repairs. 
VII. Growing crops, etc. 

I. Relation of Landlord and Tenant. 

The relation of landlord and tenant is created by contract, either 
express or implied. One proof of the existence of the relation in the 
absence of a contract, is the payment and acceptance of rent. A pre- 
sumption of its existence is an agreement to pay rent. To create the 
relation there must be an actual occupancy by the tenant with the ex- 
clusive right of possession. The relation can not be implied where there 
is no tenancy contemplated by the parties. The usual way of creating 
the relation of landlord and tenant is by written lease. The statute 
provides as follows: 

Interest in land, etc., to be granted in writing: No lease, estate 
or interest, either of freehold, or term of years, or any uncertain interest 
of, in, or out of lands, tenements, or hereditaments, shall be assigned 
or granted, except by deed, or note in writing, signed by the party so 
assigning or granting the same, or his agent thereunto lawfully author- 
ized, by writing, or by act and operation of law. [8620] 

The courts have continually held, however, in passing upon this stat- 
ute, that where the tenant takes possession, makes improvements, and 
pays rent that the lease shall be valid though not in writing. 

II. The Lease and Its Contents. 

What is a lease: A lease is a contract which creates the rela- 
tion of landlord and tenant. No precise form of words is necessary, and 
the established custom of the place where the parties reside may become 
a part of the lease though not incorporated into it. 6 O. S. 90. 

Covenants of lease: The covenants of the lease are the prom- 
ises and agreements made therein as to the premises, term, rent, privi- 
leges and purposes, etc. 

Covenants may also, be entered into as to payment of taxes ; build- 
ing and repair of fences ; cutting timber for wood and repair of fences, 

(74) 



LANDLORD AND TENANT. 75 

buildings, etc. ; meadow, pasture ; kinds of crops, and the grounds upon 
which same shall be raised each year ; disposition of hay, straw, fodder, 
etc. ; hauling and spreading manure ; keeping down weeds, etc. ; allow- 
ances, if any, to tenant for permanent repairs ; repairs to be made by 
landlord, etc.; use of horses of landlord; furnishing seed, etc.; and any 
other matters as the case may require. 

Forfeiture of lease: In order that a breach of covenant by the 
lessee shall forfeit his leas© it must be so stipulated in the lease. 22 
Ind. 122. A lessee who seeks to avail himself of forfeiture of a lease on 
account of a breach- of covenant by the lessor, must tender back the 
possession of the premises free from any rights of sub-tenants. A 
covenant to give the tenant the refusal of the premises for another term, 
without mentioning the rent, binds the landlord to give a renewal at the 
same rent. 

Any landlord who wishes to take advantage of the breach of cove- 
nant to pay rent to force the lessee to forfeit his lease must take every 
step in strict conformity with the law. The exact rent due, by the terms 
of the lease, must be demanded before sunset of the day when due, on 
the land, at the most notorious place. 12 Ohio 212. If no place is 
specified in the lease, it must be at the most public and notorious place 
upon the premises, at the front door of the dwelling house if there be 
one, "at a convenient time before sunset," that is, just immediately pre- 
ceding sunset, giving time to count and pay the money before sundown. 
13 O. S. 471. 

Execution of Lease: See "Conveyances." 

III. Holding Over Term. 

If a tenant for years holds over after the expiration of his lease, he 
becomes, at the election of the landlord, a tenant from year to year ; and 
in the absence of any new agreement with the landlord, he holds under 
the terms of the original lease. Moore vs. Harter, 67 O. S. 250. 

IV. Notice to Quit; Ejectment, etc. 

When a tenant keeps possession or has taken unlawful possession of 
premises, the landlord to eject him must give him written notice to leave 
the premises, three days before commencing action. The notice must be 
served by leaving a copy with the defendant, or at his usual place of 
abode if he can not be found. Suit may be brought before- a justice of 
the peace at any time after three days from the date of ^service of such 
notice. 

Notice, when and how served: It shall be the duty of the 
party desiring to commence an action under this chapter, [Forcible Entry 
and Detention], to notify the adverse party to leave the premises, for 
tne possession of which action is about to be brought, which notice shall 



76 OHIO FARM LAWS. 

be served at least three days before commencing the action, by leaving 
a written copy with the defendant, or at his usual place of abode, if he 
can not be found. [10451] 

Notes — The three days' notice to a tenant holding over, to quit, may be served 
as well before as after the end of the term, 20 O. S. 384, but a notice to quit desig- 
nating a day for the purpose which is not at or after the end of the term, is a 
nullity — 9 C. C. 168. If demand is made at the time the rent is due, the for- 
feiture is absolute without notice .to quit. This notice may be given afterwards. 
The fact that the tenant then enters upon a new term is no defense. 3 W. L. 

M.; 148. 

Sec. 10451 on the thirteenth day qf the month is proper, when the tenancy is from 
A notice to vacate premises for default in payment of rent, served under R. S. 
month to month and ended on the preceding day. Battershall vs. Jackson, 14 Low 
D. 282. 

V. Rents. 

Provisions as to payment, etc.: The law provides as follows, 
with reference to the rent of a building where the same shall become 
unfit for occupancy or is destroyed by the elements : 

The lessee of any building which, without fault or neglect on his 
part, is destroyed or so injured by the elements, or other cause; as to be 
unfit for occupancy, shall not be liable to pay rent to the lessor or owner 
thereof, 'after such destruction or injury, unless otherwise .expressly 
provided by written agreement or covenant ; and the lessee shall there- 
upon surrender possession of the premises so leased. [8521] 

Crop rent; landlord's lien; tenants' rights, etc.: Lessees who 
enter under an agreement to pay as rent, a portion of the crop and a 
certain number of bushels of grain, are liable, upon their failure to pay 
rent, for the market value of the grain at the time it should have been 
delivered^ 5 O. S. 584. In case of crop rent, the landlord has a lien 
upon the 1 growing crop for his rent. 11 O. 364. The ownership of the 
crop is in both the landlord and the tenant. A landlord's lien for rent 
attaches to crops raised by a sub-tenant. 78 Iowa 205; but a landlord's 
lien for rent can not be enforced against a purchaser of the crop from 
the tenant, unless he took with notice of the lien. 53 Ark. 58. 

Under a cropping lease, the rent payable in a share of the grain 
when threshed out, the lessor is not entitled to possession of his share 
until a sufficient time for the tenant to deliver, and the tenant may re- 
plevy if the landlord takes before then. 11 B. 249. 

Landlord may cultivate and have abandoned crop: Where a 
tenant or renter by the field, whose agreement is to pay a share of the 
crop as rent, abandons the crop before it is ripe or harvested, he has. 
not such an interest therein as renders it liable to seizure for his debts, 
but the landlord has a right to cultivate and harvest and take the whole 
crop as his own. In such case the tenant has abandoned his contract 
and forfeited his rights. 10 Pickering, 205. 

Landlord liable for damages for destroying crop: Destroying of 



LANDLORD AND TENANT. 77 

a crop by a lessor after termination of a cropping lease, which provided 
that the lessee should have a share of the crop growing at the end of 
the lease, is a trespass. Damages due such lessee must take into account 
the expense of harvesting such crop if it is to be done by him. 17 
C. G. 174. 

VI. Repairs. 

A landlord is not bound to repair premises occupied by his tenant 
unless he agrees to do so. 40 O. S. 158. Covenants to repair are not im- 
plied, and a tenant can not, without an agreement, make repairs and 
charge them to his landlord, but where a landlord agrees to make cer- 
tain repairs before the commencement of the term, the tenant may 
refuse to accept possession until the landlord performs his covenant, and 
upon refusal of the landlord to make the repairs which he agreed to, 
make, the tenant may do so himself, and deduct the cost, thereof from 
the rent. Where the tenant agrees to make, repairs, and upon failure 
to do so the landlord makes the repairs, he may recover the cost therefor 
from the tenant. If no time is fixed for the making of repairs the 
tenant has the term for it. 3 Dana 586. 

In the absence of an express covenant to the contrary, there is 
always an implied covenant on the part of the tenant to keep the premises 
in as good repair as he receives them, ordinary wear and tear and acci- 
dents excepted. 6 Mass. 23. 22 Ala. 382. 18 gull. 110. 

Where the lessors of a building under contract to repair its walls, 
negligently or perversely refuse to perform the obligations of the con- ■ 
tract, they not only can recover no rent but would be liable to the lessees 
for damages sustained by breach of the contract. 52 O. S. 668. 

Where the tenant agrees to make repairs and, upon failure to do so, 
the landlord makes the repairs, he may recover therefor from the tenant. 
80 Texas, 568. 

Where a landlord lets rooms in the same building to different tenants, 
the building having a common stairway for the use of all, he is bound 
to keep it in reasonable repair. 129 Mass, 33 ; 18 Bull., 349 ; 19 Bull, 160. 

VII. Growing Crops. 

Respective rights of landlord and tenant as to: Growing crops 
are usually regarded as personalty. 3 O. S. 438. But as a general rule 
between vendor and vendee, the growing crop is a part of the realty, 
and passes by conveyance to the latter, but they may be reserved by 
parol. 21 O. S. 604. 

Rights of landlord or tenant in crops, when execution or attach- 
ment issued against the other: When lands have been let, reserving 
rent in kind, and when the crops or emblements growing 
or grown thereon, shall be levied on or attached by virtue of 
execution, attachment of other process, . against the landlord or ten- 



78 OHIO FARM LAWS. 

ant, the interest of such landlord or tenant against whom such process 
was not issued, shall not be affected thereby, but the same may be sold, 
subject to the claim or interest of such landlord or tenant against whom 
such process did not issue. [10433] 

A purchaser at a judicial sale takes no right to the landlord's share 
of a growing crop. 40 O. S. 340. 

A purchaser at execution does not acquire a right to the growing 
crops, nor does one who purchases at sheriff's sale of land on partition. 
12 Ohio 88. The owner of land sold at judicial sale, who sows crops on 
the land after such sale, sows at his peril. 15 O. S. 351. A mortgagor, 
until deprived of the right of possession, is entitled to the crops. 84 
Ind. 557. Corn in cribs on the land devised, at the decease of the testa- 
tor, passed to his executor, and not to the devisees of the land. 17 O. S. 
597. 



CHAPTER 19. 
Offenses and Trespass Pertaining to Farm Property. 

Larceny (stealing) : Whoever steals anything of value is guilty 
of larceny* and shall, if the value of the thing stolen is thirty-five dollars 
or more; be imprisoned in the penitentiary not more than seven years 
nor less than one year, or, if the value is less than that sum, be fined 
not more than two hundred dollars, or imprisoned not more than thirty 
days, or both. [12447] 

Burning personal property: Whoever maliciously burns or at- 
tempts to burn a barrack or stack of hay, wheat, rye, oats, barley, flax, 
hemp, fodder or grain of any kind, or a corn-crib or place wherein corn 
is deposited, or a fence, board, plank, scantling, rail, tanbark or timber, 
the property of another, if the value of the property is thirty-five dollars 
or more, shall be imprisoned in the penitentiary not less than one year 
nor more than three years, or, if the value is less than that sum, be 
fined not less than five dollars nor more than one hundred dollars, or 
imprisoned not more than thirty days, or both. [12435] 

Maliciously setting fire to woods, prairies, etc.: Whoever ma- 
liciously or negligently sets fire to woods, prairies or grounds, not his 
property, or maliciously permits fire to pass from his prairies or grounds 
to the injury or destruction of the property of any other person, shall 
be fined not more than one hundred dollars, or imprisoned not more 
than twenty days, or both. [12436] 

Horse stealing or concealing stolen' horse or horse thief: Who- 
ever steals a horse, mare, gelding, foal, filly, ass or mule of any value, 
or receives, buys or conceals a horse, mare, gelding, foal, filly, ass or 
mule that has been stolen, knowing it to have been stolen, with intent to 
defraud, or knowingly conceals a horse-thief, shall be imprisoned in the 
penitentiary not less than one year nor more than fifteen years. —[12448] 

Cutting and stealing timber: Whoever saws, bores or cuts down 
timber, trees, or hoop-poles, standing or growing upon the lands of an- 
other or lands of the state, or unlawfully takes, carries or hauls away 
from the lands of another or lands of the state, timber, saw-logs, rails, 
rail-cuts, tan-bark, hoop-poles, railroad ties, hoops, staves, stave-bolts, 
blocks, butts or timber of- any value, or unlawfully digs up, plucks or 
carries away from the lands of another, a cultivated root, plant, fruit 
or other vegetable production, with intent to injure the owner of said 
lands in his property or to "defraud him, if the value of the property so 
severed or taken is thirty-five dollars or more, shall be imprisoned in 

(79) 



80 OHIO FARM LAWS. 

the penitentiary not less than one year nor' more than three years, and 
if the value of the property so severed or taken from the lands is less 
than, thirty-five dollars, shall be fined not less than twi«e the value of 
the property so severed or carried away or imprisoned in the jail of the 
county not more than thirty days, or both. [12455] 

Malicious destruction of property: Whoever maliciously de- 
stroys or injures property not his own, if the value of the property de- 
stroyed, or the injury done is one hundred dollars or more, shall be 
imprisoned in the penitentiary not less than one year nor more than 
seven years, or, if the value is less than that sum, shall be fined not 
more than five hundred dollars or imprisoned not more than thirty days, 
or both. [12477] 

r Malicjous destruction of trees and crop: Whoever maliciously 
cuts down, destroys or injures a standing or growing vine, bush, shrub, 
sapling or tree of another, or maliciously injures, destroys or severs. from 
the land of another a product standing or growing thereon, or other 
thing attached thereto, if the value of the product or thing destroyed or 
the amount of the damage done to such product or thing or to the land 
is thirty-five dollars or more, shall be imprisoned in the penitentiary not 
less than one year nor more than three years w or, if the value is less 
than that sum, shall be fined not less than five dollars nor more than 
one hundred and fifty dollars or imprisoned not less than one day nor 
more than thirty days. [12478] ... _ 

Malicious destruction of tobacco: Whoever maliciously cuts 
down, breaks down or destroys, or by any means injures, retards or 
prevents the growth of a tobacco plant not his own, or by sowing or 
planting other seed, or by removing or disturbing the ground, or by any 
means, maliciously prevents, retards or interferes with the growth or 
development of a tobacco seed planted upon 'the land ~ of another, or 
maliciously burns, destroys in any way, or injures in any manner tobacco 
not his own at any time after- such tobacco has been severed from the 
soil, shall be imprisoned in the county jail not more than six months 
or in the penitentiary not less than • one year nor more than five years. 
[12479] 

• Altering or removing landmark: Whoever knowingly and ma- 
liciously cuts, fells, defaces, alters or removes a landmark, corner or 
bearing-tree, properly established, or a monument lawfully placed on the 
line between this state and the state of Pennsylvania, shall be fined not 
more than live hundred dollars, or imprisoned not more than thirty days, 
or both. [12480] 

Removing township corner p'osts: Whoever displaces or removes 
a monument placed by the county surveyor or by the direction of the 
county commissioners at the corner of an originally surveyed township, 
shall be fined not more than one hundred dollars or imprisoned not more 
than thirty days, or both. [12481] 



OFFENSES AND TRESPASS, ETC. 81 

Throwing down fences or opening gates: Whoever wantonly or 
maliciously throws or lays down, opens, prostrates or injures a fence 
inclosing land, the property of another, or the oars or gate in' such 
fence, shall be fined not more than one hundred dollars or imprisoned 
not more than thirty days, or both. Prosecutions under this section 
shall be commenced within one year from the time the offense was com- 
mitted. [12483] 

Fast driving, etc., over bridges: Whoever rides or drives faster 
than a walk on or over a toll bridge erected across the Ohio river, or 
any other toll bridge having placed upon it by the owner thereof, a 
caution notice according to law, or a free county bridge having placed 
upon it by the commissioners of tlje county a caution notice according 
to law, or drives on or over such bridge more than twenty head of cattle 
at one time, or, with intent to defraud, fails or refuses to pay the usual 
toll for crossing such bridge, shall be fined not less than one dollar nor 
more than ten dollars. [12485] 

Injuring and committing nuisances in buildings: Whoever ma- 
liciously injures or defaces a church edifice, schoolhouse, dwelling house 
or other building, its fixtures, books or appurtenances, or commits a 
nuisance therein, or purposely and maliciously commits a trespass upon 
lihe inclosed grounds attached thereto or fixtures placed thereon, or an 
jnclosure or sidewalk about such grounds, shall be fined not more than 
one hundred dollars. [12487] 

Demolishing guideboards, etc.: Whoever maliciously demolishes, 
throws down, alters or defaces a mile-stone, mile-board, mile-post, 
guide-board or guide-post standing on a public road, shall be fined not 
more than fifty dollars or imprisoned not more than ten days, or both. 
[12489] 

Destroying trees, etc., without lawful authority: Whoever, with- 
out lawful authority, cuts down, destroys or injures a vine, bush, shrub, 
sapling or tree standing or growing upon the land of another, or severs 
from the land- of another, injures or destroys a product standing or. 
growing thereon, or other thing attached thereto, shall be fined not more 
than one hundred and fifty dollars or imprisoned not more than thirty 
days, or both. [12490] 

Defacing or destroying advertisements, etc., set up by authority 
of law: Whoever intentionally defaces, obliterates, tears dowm or 
destroys, in whole or in part, a copy or transcript of a law of the 
United States or of the state of Ohio, or a proclamation, publication, 
I advertisement or notification set up in a public place by ^authority of 
law for the public information of any citizen, or a sign, notice, card or 
table of rules or rates or other notice affixed or posted upon a bridge 
by an owner or keeper thereof for the information of the public, shall 
be fined not more than twenty dollars or imprisoned not more than 
twenty-four hours, or both. [12491] 

6 o. F. L. 



82 OHIO FARM LAWS. 

Posting bills, etc., on buildings, etc., without consent of owner: 

Whoever paints, prints, pastes, stencils or otherwise marks, places upon 
or affixes to a building, fence, wall or tree without the consent of the 
owner thereof, a word, letter, character, figure, sentence or device, or a 
handbill or notice, shall be fined not less than ten dollars nor more 
than fifty dollars. This section does not apply to the posting of a hand- 
bill or notice of public sale by a sheriff, administrator, executor or 
licensed auctioneer, or a notice required by law to be posted. [12492] 

Breaking open pounds: Whoever interferes with, breaks open, 
destroys or injures a pound erected by authority of law, or sets at liberty 
an animal impounded therein, shall be fined not more than fifty dollars 
or imprisoned not more than ten days, or both. [12493] 

Placing upon public way substance liable to injure pneumatic tire: 

Whoever purposely places or causes to be placed in or upon an avenue, 
street, alley, or road, highway or public way, a tack, nail, piece of iron, 
broken glass, bottle, brier, thorn or other substance, except such sub- 
stance as may be placed there by proper authority for the repair or 
construction thereof, which may injure, cut or puncture a pneumatic 
tire, shall be fined not less than five dollars nor more than fifty dollars. 
[12517] 

Trespassing upon lands or premises of another: Whoever, being 
about to enter unlawfully upon the lands or premises of another, is for- 
bidden so to do by the owner or occupant, his agent or servant, or, 
being unlawfully upon the lands or premises of another, is notified to 
depart therefrom by the owner or occupant, his agent or servant, and 
thereafter enters upon such lands or premises, or neglects or refuses to 
depart therefrom, shall be fined not less than one dollar nor more than 
five dollars. [12522] 

Hunting or trapping on lands, etc., of another without permission: 

Whoever hunts or traps upon lands, ponds, lakes or private waters of 
another, except waters claimed by riparian right of ownership in adjacent 
lands, or thereon shoots, shoots at, catches, kills, injures or pursues a 
bird, wild fowl or wild animal without obtaining written permission from 
the owner or his authorized agent, shall be fined not less than ten dollars 
nor more than fifteen dollars, and, for each subsequent offense, shall be 
fined not less than fifteen dollars nor more than fifty dollars. In default 
of payment of such fine and costs, he shall be committed to the jail of 
the county or to a workhouse and there confined one day for each dollar 
of such fine and costs. He shall not be discharged therefrom except 
upon payment of the portion of the fine and costs remaining unsatisfied, 
or upon the order of the commissioners of fish and game. [12523] 

Complainant not required to prove title: In prosecutions under 
the next preceding section, the complainant shall not be required to 
prove a legal title to the lands or waters upon which the defendant has 



OFFENSES AND TRESPASS, ETC. 



83 



unlawfully hunted or trespassed, but must prove that he is in the law- 
ful possession or. control thereof. [12521] 

Trespassing upon lands bordering on fishponds, etc., for purposes 
of catching fish: Whoever trespasses upon lands or rights in lands 
of another, lying in or bordering upon a natural or artificial pond or 
brook less than 'ten miles in length, into which have been introduced 
brook tr.out, speckled trout, brown trout, land lock salmon, California 
salmon or other fish by artificial propagation or actual importation from 
other waters, for,the purpose of fishing for, catching or killing fish, or 
catches or kills fish therein, or buys, receives or has in possession fish 
caught contrary to the provisions of this section, or wilfully places 
poison or other substance injurious to the health of such fish, in a pond 
or brook described in this section for the purpose of capturing or harm- 
ing such fish therein, or wrongfully and wilfully lets the water out of 
such pond or brook with intent to take or injure fish therein, shall be 
fined not less than ten dollars nor more than one hundred dollars, and 
for each subsequent offense, shall be fined not less than twenty- five 
dollars nor more than two hundred dollars or imprisoned not less 'than 
thirty days nor more than six months, or both. [12525] 

Who to be complainant: Prosecutions for a violation of any 
provision of the next preceding section shall be instituted only upon 
the complaint of the person or his agent upon whose lands or rights in 
lands or waters, the trespass has been committed. [12526] 

Trespass while mining for coal or other minerals: Whoever, 
in mining for coal or other minerals, wilfully, and without lawful au- 
thority trespasses upon the lands of another, shall be £ned not less than 
five dollars nor more than one hundred dollars or imprisoned not more 
than ten days, or both. A continuation of such trespass for twenty-four 
hours after the commencement of prosecution under this section shall 
be a separate offense. [12527] 

Limitation: All prosecutions under the next preceding section 
shall be commenced within one year from the time the offense becomes 
known to the owner of the property injured. [12528] 

Trespass by owner of shanty-boat: Whoever, being the owner 
of a shanty-boat, anchors, ties or beaches it upon the real estate of an- 
other along a creek or river, unless in case of distress, or for a longer 
period than thirty-six hours, without the permission of the owner or 
agent of such real estate, shall be fined not more than fifty , dollars or; 
imprisoned not more than thirty days. [12529] 

Trespasses by employes of telephone and telegraph companies: 

Whoever, without the written consent of the owner or his agent, enters 
the premises or building of another for the purpose of constructing, 
lltering, repairing, examining or attaching thereto a wire, pole, insulator, 



g^ OHIO FARM LAWS. 

iram e or other appendage shall be aped not less than ten doiiars nor 
more than one hundred dollars. [U5dU] 

r«r srs esve --Si -■ 

remains unlawfully. 

NoTES -Mere words to not — e^, ^W^ ^ e? 

!«rr-^sr , -^s - ^ * pole or rail upon his ndg 

bo, s land. 12 B. Hon. 412 ^ om ^ tailding 

On, who, by means of a spout sh eds ^and Me ln damages 

„pon the land of the adjom.ng owner is gu.lt, 

therefor. 126 Ind. 85. ,„,„„„ done by a stranger while ' 

A landlord can not maintain trespass or a wrong done y 

- tt :: a =: a ir *a r - - - ■„** - 

■ ^S^S^S roinTt^ssers operates as a discbarge of a, 

8 ame - • * i : "i,Tc hn ^iness upon the wall of a building 

Mo - nfanotr! ^ lor ^s^t^^om, althougb the tenant 

" f th ~o;I ^r^rr-Jstafs ,0 be committed, be is liable with 

those who committed it. *3 Kan »• , irre parable* injury, may be enjoined. 

Threatened trespass, winch contemplates P 

16 R. I. 15. . 44, j habit of using a way across the 

Where one has for a long time been » tl e babrt of u g ^ ^ 

lan d of ano.her, and he believes ™ W*£* ^ " pl a=ed aoroS s such way. « 
be guilty of malicious trespass foi removing a 

** '?>«• ^^l^tffiXS LesVe actua, im 
f^TtheToperty Irds a guide for the measure of .damages. 5 

""I 5 : aetion to reeover reai estat e eneroaehed upon £ — r, the 
m easure of damages is not the value of thejand 
i„g from being deprived of its use. 58 Conn. W. 



OFFENSES AND TRESPASS, ETC 



85 



One who cuts timber, honestly and reasonably believing that he has 
a right to do so, is liable only for the value of the standing timber. 
41 Minn. 548. 

When action is for the cutting of a meadow, the measure of the 
damages is the value of the grass before it is converted into hay. 77 
Iowa 190. 



CHAPTER 20. 
Property Exempt from Execution. 

Unmarried woman; what property exempt from execution: 

Every unmarried woman may hold the following property exempt from 
execution, attachment or sale, to satisfy any judgment or order, to-wit : 

1. Wearing apparel, to be selected by her, not exceeding in value 
one hundred dollars. 

2. One sewing machine. 

3. One knitting machine. 

4. A bible, hymn book, psalm book, and any other books not ex- 
ceeding in value twenty-five dollars. [11721] 

Exemption of certain specified property to heads of families and 
widows: Every person, who has a family, and every widow, may 
hold the following property exempt from execution, attachment, or sale 
for any debt, damage, fine or amercement, to-wit : 

1. The wearing apparel of such person or family, the beds, bed- 
steads, and bedding necessary for the use of the same, one cooking 
stove and pipe, one stove and pipe used for warming the dwelling, and 
fuel sufficient for the period of sixty days, actually provided and de- 
signed for the use of such person or family. 

2. One cow, or if the debtor owns no cow, household furniture, to 
be selected by him, or her, not exceeding thirty-five dollars in value, two 
swine, or the pork therefrom, or, if the debtor owns no swine, house- 
hold furniture, to be selected by him or her, not exceeding fifteen dollars 
in value, six sheep, the wool shorn from them, and the cloth or other 
articles manufactured therefrom, or in lieu thereof, household furniture, 
to be selected by the debtor, not exceeding fifteen dollars in value, and 
sufficient food for such animals for the period of sixty days. 

3. The bibles, hymn books, psalm books, testaments, and school 
books used in the family, and all family pictures. 

4. Provisions actually provided and designed for the use of such 
person or family, not exceeding fifty dollars in value, to be selected by 
the debtor, and other articles of household and kitchen furniture, or 
either, necessary for such person or family, to be selected by the debtor, 
not exceeding fifty dollars in value. 

5. One sewing machine, one knitting machine and the tools and 
implements of the debtor necessary for carrying on his or her trade or 
business, whether mechanical or agricultural, to be selected by him or 
her, not exceeding one hundred dollars in value. 

6. The personal earnings of the debtor, and the personal earnings 
of his or her minor child or children, for three months, when it is made 

(86) 



PROPERTY EXEMPT FROM EXECUTION. 87 

to appear by the affidavit of the debtor, or otherwise, that such earnings 
are necessary to the support of such debtor, or of his or her family; 
and such period of three months shall date from the time of issuing any 
attachment or other process, the rendition of any judgment, or the making 
of any order, under which the attempt may be made to subject such 
earnings to the payment of a debt ; provided, that is the claim, debt or 
demand for the payment of which it is sought to subject such personal 
earnings is one for necessaries, furnished to the debtor, his wife or 
family after the passage of this act, then only ninety percentum of such 
personal earnings of the debtor shall be so exempt as against such claim, 
debt or demand ; provided, also, that nothing herein contained shall in 
any wise render the personal earnings of such debtor's minor child or 
children, for three months, subject to the payment of any such claim, 
debt or demand. 

7. All articles, specimens, and cabinets of natural history or science, 
whether animal, vegetable or mineral, except such as may be kept or 
intended for show or exhibition, for money or pecuniary gain. [11725] 

Draymen, farmers and physicians; special exemptions of: Every 
person who is the head of a family, and engaged in the business of 
draying for a livelihood, shall, in addition to the exemptions specified in 
the preceding section, hold one horse, harness, and dray exempt from 
execution ; every head of a family who is engaged in the business of 
agriculture, shall, in addition to the exemptions provided for in the pre- 
ceding section, hold exempt from execution one horse, or one yoke of 
cattle, with the necessary gearing for the same, and one wagon, and 
every head of a family who is engaged in the practice of medicine shall, 
in addition to the exemptions specified in said section, hold one horse, 
one saddle and bridle, and also, books, medicines and instruments per- 
taining to his profession, riot exceeding one hundred dollars in value, 
exempt from execution. [11726] 

Homestead; who may hold exempt from sale: Husband and 
wife living together, a widow or a widower living with an unmarried 
daughter or unmarried minor son, may hold exempt from sale, on judg- 
ment or order, a family homestead not exceeding one thousand dollars 
in value; and the husband, or, in case of his failure or refusal, the wife 
shall have the right to make demand therefor ; but neither can make 
such demand if the other* has a homestead. * * * * [11730] 

Homestead; allowance of from, proceeds of sale in lieu of 
homestead when such sum is realized over and above liens: Where 
a homestead is charged with liens, some of which as against the head of 
the family, or the wife, preclude the allowance of "a homestead to either 
of them, and others of such liens do not preclude such allowance, and 
a sale of such homestead is had, then after the payment, out of the 
proceeds of such sale, of the liens as precluding such allowance, the 
balance, not exceeding five .hundred dollars, shall be awarded to the 



88 



OHIO FARM LAWS. 



head of the family, or the wife, as the case may be, in lieu of such 
homestead, upon his or her application, in person, or by agent or attorney 
[11737] 

Property exempt from levy when debtor owns no homestead: 
Husband and wife living together, a widower living with an unmarried 
daughter or minor son, every widow and every Unmarried female, hav- 
ing in good faith the care, maintenance and custody of any minor child 
or children of a deceased relative, residents of Ohio, and not the owner 
of a homestead, may in lieu thereof hold exempt from levy and sale, 
real or personal property to be selected by such person, his agent or 
attorney, at any time before sale, not exceeding live hundred [500] 
dollars in value, in addition to the amount of chattel property other- 
wise by law exempted. Such selection and exemption shall not be made 
by the debtor, his agent or attorney, or allowed to the debtor from any 
money, ' salary or" wages due him from any person, partnership or cor- 
poration whatever, as against any claim, debt or demand for necessaries 
furnished to such debtor, except to the extent of ninety per centum of 
such money, salary or wages. No personal property shall be exempt from 
execution on a judgment rendered for the purchase price or any part 
thereof. [11738] 

Note — The foregoing section designates $500 worth of personal in addition to 
all that specific property exempted by the terms of section 11725. 

Homestead in property mortgaged by husband: No sale of real 
estate made under a. mortgage, which is not executed by the wife of the 
debtor, if he has a wife, shall in any manner affect the right of the 
debtor's wife or family to have a homestead set off * * * [11730] 

Life insurance exempt: All life insurance, excepting the amount 
of any premiums, if any, with interest thereon which may have been paid 
in fraud of creditors, is exempt from all claims by, the representatives 
and creditors of the insured, when such insurance was taken out for the 
sole benefit of the widow and children or either. [9393-4-5] 



CHAPTER 21. 
Rates of Interest. 

Maximum rate: The parties to a bond, bill, promissory note, 
or other instrument of writing for the forbearance or payment of 
money at any future time, may stipulate therein for the payment of 
interest upon the amount thereof at any rate not exceeding eight per 
cent per annum, payable annually. [8303] 

Rate upon judgments on instruments containing stipulation: 
Upon all judgments, decrees, or orders, rendered on any bond, bill, note, 
or other instrument of writing containing stipulations for the payment 
of interest in accordance with the provisions of the next preceding 
section, interest shall be computed till payment at the rate specified ill 
such instrument. [8304] 

Rate when no stipulation, and in other cases: In cases other 
than those provided for in the next two preceding sections, when money 
becomes due and payable upon any bond, bill, note, or other instrument 
of writing, upon any book account, or settlement between parties, upon 
all verbal contracts entered into, and upon all judgments, decrees, and 
orders of any judicial tribunal for the payment of money arising cut 
of a contract, or other transaction, the creditor shall be entitled to in- 
terest at the rate of six per cent, per annum, and no more. [8305] 

Note — "When interest is payable annually, it bears simple interest from the 
time it is payable until paid. Payments are to be applied: 1, in satisfaction of 
the interest due upon interest; 2, of interest due upon principal; ?». of principal. 
In no case will the interest due upon interest be made to bear interest." Anketel. 
vs. Converse, ,17 O. S. 11. 

Usurious interest; how treated, and remedy of debtor: Pay- 
ments of money or property made by way of usurious interest, whether 
made in advance or not, as to the excess of interest .above the rate 
allowed by law at the time of making the contract, shall be taken to be 
payments made on account of principal ; and judgment shall be rendered. 
for no more than the balance found due, after deducting the excess of 
interest so paid. [8306] 

Indorsee of negotiable paper: No debtor shall be deemed a par- 
ticeps criminis, on account of having paid or agreeing to pay, such ex- 
orbitant interest, but he shall have like remedy and relief in either case. 
No bona fide indorsee of negotiable paper purchased before due, shall' 
be affected by any usury exacted by any former holder of such paper, 
unless he has actual notice, of the usury previous to his purchase. In 
such cases, the amount of such excess, if incorporated into negotiable 
paper, after payment, may be recovered back, by action against the party 
who originally exacted the usury. [8307] 

(89) 



CHAPTER 22. 

Roads. 

The statutory provisions in Ohio regulating the petitioning for, 
laying out and building of state, county and township roads^ are entirely 
too voluminous to be set out in full in so small a volume as this one. 
Those laws with proper comments thereon would, alone, fill a fair sized 
volume. Besides, it was not intended that road building should be dis- 
cussed or treated in this book. Full information upon that subject may 
be obtained through the township and county officers and competent 
legal counsel. Our principal object here is to state briefly some provisions 
of the law governing the repair, and defining the respective rights and 
duties of citizens in the care and use of the public highways. \ 

Powers and duties of road superintendent: A road superin- 
tendent shall open, or cause to be opened, and kept in repair, the public 
roads and highways which are laid out and established in his road dis- 
trict, and remove or cause to be removed, all encroachments, by fences 
or otherwise, and obstructions that are found thereon. * * * [7137] 

Excavating regulated: A road superintedent shall not excavate 
or make an open ditch on and along a public highway in front of a 
dwelling house or yard surrounding it, or entrance thereto, or in front 
of the entrance or approach to a barn on that side of the road on which 
the buildings are situated, unless he forthwith puts in a sufficient under- 
drain and fills up the excavation to the original level, or is authorized 
to make such open ditch at said points by the owner of the buildings. 
[7140] 

Penalty: A road superintendent violating the next preceding 
section shall forfeit and pay to the owner of such buildings twenty-five 
dollars, to be recovered in a civil action before any justice of the peace. 
[7141] 

Road superintendents may make drains, etc.: A road superin- 
tendent may enter upon lands adjoining or lying near the road, and make 
such drains or ditches through them as the township trustees deem neces- 
sary and direct, for the benefit of the road, but shall do as little injury 
to such lands, and the improvement and timber thereon, as the nature of 
the case and the public good will permit. [7142] 

Drains shall be kept open: The drains and ditches so made 
shall be conducted to the nearest watercourse, and be kept open by the 
road superintendent. They shall not be obstructed by the owner or occu- 
pier of the lands, or any other person having them in charge, under the 

(90) 



ROADS. 91 

penalty of forfeiting a sum not exceeding ten dollars for each offense. 
Such penalty shall be collected by the road superintendent and paid by 
tim to the township treasurer and applied to the road fund of the town- 
ship. [7143] 

Roadbeds shall be leveled off: A road superintendent shall 
cause to be graded and leveled the earth and gravel that may be scraped, 
shoveled, or hauled into a public road under his direction or charge, at 
the time that such work is performed. For neglect or refusal on the 
part of the road superintendent to cause such leveling or grading in a 
reasonable degree, he shall forfeit not less than one dollar nor more than 
five dollars, to be paid into the township road fund, to be recovered by 
an action in the name of the township, before a justice of the peace 
within the township where such road superintendent resides. [7144] 

Duty of trustees: The trustees of the township, having been 
notified by a resident freeholder of the township of such neglect or- 
refusal, by one of their number shall examine the w T ork, and if he finds 
that it has not been performed as provided in the next preceding section, 
he shall prosecute such road superintendent as provided therein. [7145] 

Destruction of brush, briers, ; weeds, etc., on highways: Pike 
superintendents or turnpike directors having control of and being charged 
with the duty of repairing macadamized, graveled or improved roads and 
turnpikes, and road superintendents of county and township roads and 
the street commissioners of each city or village, between the first and 
twentieth days of June, and between the first and twentieth days of 
August, and, if necessary, between the first and twentieth days of Sep- 
tember of each year, shall destroy or cause it to be done, all brush, briers, 
burrs, vines, Russian and Canadian or common thistles, or other noxious 
weeds, growing or being within the limits of a county or township road, 
turnpike, improved, graveled or macadamized road, street, or alley within 
their jurisdiction. [7146] 

Compensation: A road superintendent, turnpike director, or pike 
superintendent shall be allowed reasonable compensation, not to exceed 
one dollar and a half per day for all necessary labor employed by him 
in the performance of the work provided in the next preceding section, 
to be allowed in the case of county and township roads out of the road 
fund, or general fund, and, in the case of macadamized, graveled and 
improved roads and turnpikes, out of the turnpike fund of the county 
in the manner as would be done in the repair thereof. A street com- 
missioner shall be allowed and paid, for such services performed by 
him, by the proper municipal authorities. [7147] 

Owner or tenant may perform such labor: The superintendent 
of such roads shall allow a landowner or tenant to destroy such brush, 
briers, burrs, vines, thistles or other noxious weeds, growing or being 
on such roads along the lands abutting thereon, owned or occupied by 
such landowner or tenant. Before such wo*k is performed the superin- 



92 OHIO FARM LAWS. 

tendcnt shall fix a reasonable compensation therefor, which 'shall be 
credited on the road tax of that year assessed against the premises. 
Such landowner or tenant shall do the work or cause it to be done 
before the first day of the month in which it is required to be done as 
specified in section seventy-one hundred and forty-six. [7148] 

Destruction of briers, brush, etc., on toll roads and railways: 

The superintendent, or manager of a toll, steam or electric road shall 
destroy, or cause it to be done, all brush, briers, butrs, vines, Russian, 
Canadian or common thistle, or other noxious weeds growing or being 
cut within the limits of such road between the days of each month as 
specified in section seventy-one hundred and forty-six. In default thereof, 
and for five days thereafter, the trustees of a township through which 
such road passes, shall cause it to be done, and shall have a right of 
action against such toll, steam or electric road company for the amount 
of such work, with one hundred per cent, penalty, and costs of action, 
to be recovered before any justice of the peace of such county. [7149] 

Notice to destroy weeds: Upon written information that Canada 
or Russian thistles, wild lettuce or wild mustard are growing on lands 
in a township, and 'are about to spread or mature seeds between the first 
day of June and the 15th day of October, the trustees of the township 
shall cause a written notice to be served upon the owner, lessee, agent 
or tenant having charge of such land notifying him that such thistles or 
mustard are growing on such lands and that they must be cut and de- 
stroyed within live days after the service of such noticed [7150] 

Failure to comply therewith: If the owner, lessee, agent or 
tenant having charge of the lands mentioned in section seventy-one 
hundred and fifty, fails to comply with such notice, the township trustees 
shall. cause such thistle or mustard to be cut and destroyed and may 
employ any person to perform such labor. A person so employed shall 
be allowed fifteen cents per hour for the time occupied in performing 
such labor, to be paid out of any money in the treasury of the town- 
ship not otherwise appropriated. [7152] 

Expense thereof a lien: The township trustees shall make a 
written return to the board of commissioners of their county of their 
action under the next three preceding sections with a statement of the 
charges for their services, the amount paid for the performing of such 
labor and the fees of the officers who made the service of the notice 
and return and a proper description of the premises. Such amounts, 
when allowed, shall be entered upon the tax duplicate and be a lien upon 
such lands from and after the date of the entry and be collected as other 
taxes and returned to the township with the general fund. [7153] 

Drift against bridges or culverts: The road superintendent of 
each road district, or the superintendent of a free turnpike or improved 
road, shall remove or cause to be removed all timber or drift lodged 



ROADS. 93 

st bridges, except toll bridges or bridges upon toll roads, and all 
r, drift and sediment lodged in and obstructing the free pa 
«.er in ditches constructed for the draining and protection of such, 
roads, or under or against a culvert over them, or over a Water- 

course adjoining and upon the line of free turnpikes, and all other 
public roads in rict.,' He shall receive! isation for such 

work or duties performed as is prescribed by law for other road work. 
[7156] 

Landowner may remove- obstruction: An adjoining la 
affec expiration c-l ten days after s e r ■. 

on such road superintendent to remove drift or sediment as 

lext preceding section, may remove or cause it to be re- 
" which he shall receive like compensation from a like source 
as a road superintendent would be entitled to in the performance of his 
duty. [7157] 

Penalty: If a road superintendent or the ^superintendent of a 
free turnpike or improved road, fails or neglects to cc>mply with the 
provisions of section seventy-one hundred and fifty-six, he shall forfeit 
to the state not less than five dollars nor more than twenty-five dollars. 
[7158] 

Destruction of Russian thistle in townships: The trustees, con- 
stables, or road superintendents of a township, upon information in wri- 
ting that Russian thistles are growing on lands in such township, between 
the first day of June and the fifteenth day of October each year, shall 
forthwith cause notice in writing to be served upon the owner, lessee, 
agent, or tenant, (that such Russian thistles shall be cut and destroyed 
within five days after the service of such notice. In default, of com- 
pliance therewith, such officer shall forthwith make complaint before a 
justice of the peace within the township. [7159] 

Penalty: Any owner, lessee, agent or tenant, convicted of de- 
fault under the next preceding section, shall forfeit to the state not less 
than five dollars nor more than twenty dollars, and pay the cost of 
prosecution. In such cases, justices of the peace shall have final juris- 
diction. [7160] 

Destruction of Russian thistles on highway or right of way: Any 

person who has personal knowledge that Russian thistles are growing 
on a public highway or right of way of a steam or electric railroad com- 
pany in any township of this state may notify in writing any trustee or 
road superintendent of the township within which the portion of said 
public highway or right of way is situated. If Russian thistles are 
found growing on the right of way of a steam or electric railroad com- 
pany, he may notify the nearest agent or section foreman who has charge 
of the portion of such railroad. Such trustee, superintendent, agent, or 
section foreman, within five days after service of such notice shall de- 
stroy such Russian thistles or cause it to be done. [7161] 



94 



OHIO FARM LAWS. 



Penalty: In default of- such destruction, as provided in the next 
preceding section, such officer, » upon conviction before a justice of the 
peace of such township, shall forfeit to the state not less than five 
dollars nor more than twenty-five dollars, and pay the costs of prosecu- 
tion. In such cases justices .of the peace shall have final jurisdiction. 
[7162] 

Footwalk, footbridge, etc.: The township trustees may con- 
struct on either side of a public road in the township a public footwalk 
or sidewalk, and also public foot bridges over streams of water crossing 
such road, when it appears, by petition of twelve freeholders of the 
township, presented to the trustees, that such walk or bridge is neces- 
sary. The trustees, if the request is deemed reasonable, may order the 
road superintendent of the district in which the improvement is desired, 
to construct such walk or bridge of such material and at such expense 
as they prescribe, which shall not in any manner obstruct the public 
highway, or a private entrance; or they may construct by contract with 
the lowest responsible bidder. Such improvements shall be paid for out 
of the township road funds. [7163] 

Passways may be constructed: A land holder, through whose 
land a state, county, or township road is laid out and established, under 
the direction of the road superintendent of the proper district, may con- 
struct a passway either over or under such road, so as to permit stock 
to pass and repass. The passway shall not be constructed over or under 
a road within the limits of a city, or village, and shall not hinder or 
obstruct the travel on such roads. It shall be kept in good repair at the 
expense of the landholder. [7166] 

Removal of obstructions: When a public highway is obstructed 
the road superintendent of the district shall forthwith cause the obstruc- 
tion to be removed by ordering out such number of persons liable to do 
work upon the public highways of his district as he deems necessary. 
If no persons liable to do work are in such district, the road superin- 
tendent may employ such men as are necessary, certifying the bills for 
"their labor to the trustees of the township, to be paid as other bills • are 
paid. [7175] 

Regulation of burdens on improved roads: No person, firm or 
corporation, in a county having free or toll macadamized, graveled or 
stone roads, shall transport over such roads, in a vehicle having a tire 
of less than three inches in width, a burden, including weight of vehicle, 
of more than thirty-four hundred pounds. The county commissioners 
shall constitute a board of directors for their respective counties, with 
power to prescribe the increased gross weight in quantity greater than 
thirty-four hundred pounds that may be carried, including weight of 
vehicles, in vehicles having a width of tire three inches or upwards, and 
cause such regulations to be recorded in their journal. [7459] 



ROADS. 95 

Penalty: A person violating the next preceding section or any 
regulations duly prescribed by the board of county commissioners made 
in pursuance thereof, shall be fined not less than five dollars nor more 
than fifty dollars. [7460] 

Enforcement of penalty: The board of township trustees, or one 
of them, a pike superintendent or commissioner within their respective 
jurisdiction, or an owner or president of a turnpike company owning 
or operating a turnpike road, and the county commissioners within their 
respective counties, shall cause to be prosecuted all persons violating 
section seventy-four hundred and fifty-nine or any regulations prescribed 
by the board of county commissioners, made in pursuance of the au- 
thority conferred in this chapter. The county commissioners within 
their respective counties may appoint a suitable person or persons to 
enforce such section and such regulations. The person or persons so 
appointed shall receive, upon conviction for such offense by them prose- 
cuted, such portion of the fine or penalty as the commissioners deem 
just and proper. [7461] 

Injunction: On complaint of a freeholder, if, in the opinion 
of the board, owner or president of such turnpike company, the com- 
plaint is well founded, and the board, owner or president of such turn- 
pike company may enjoin any person or persons engaged in the business 
of transporting heavy loads over such roads in violation of the require- 
ments prescribed under section seventy-four hundred and fifty-nine. The 
court, in such action, may render judgment against the defendant or 
defendants for any damage done. [7462] 

Sidewalks along roads authorized: Any person or board of edu- 
cation, the council of a village, the trustees of a cemetery association, 
or an agricultural or religious society may appropriate sufficient land 
on either side of a public road to construct thereon a public sidewalk 
not exceeding six feet in width. Such sidewalks shall not obstruct a 
private entrance or public highway. [7467] 

Sidewalks along highways: A landowner owning land abutting 
upon any highway, not within a municipal corporation, may improve it 
as follows : When approved by the township trustees, he may build 
and improve at his own expense a sidewalk of such width a« the trus- 
tees determine, not exceeding six feet. When completed and approved 
by the trustees, a person, maliciously injuring it, shall be liable to the 
owner thereof in double the amount of damages that are assessed against 
him. [7468] 

Post and guide boards: The township trustees shall cause to be 
erected and kept in repair at the expense of the township, at all inter- 
sections of public ways of the township which lead to a city, village, 
depot, or other important place or road, a post with guide boards dis- 
playing in legible letters the name and indicating the direction and dis- 
tance to all such places to which each of the roads leads. [7469] 



96 OHIO FARM LAWS. 

Petition for same: Upon the presentation to one of the town- 
ship trustees, of a petition signed by ten freeholders, electors of the 
township, asking for the erection of a post with guide boards at a desig- 
nated intersection of the public ways of such township and naming the 
inscription desired thereon, the trustees shall forthwith cause it to be 
erected. [7470] 

When petitioners may erect: If the township trustees fail or 
neglect to do so for sixty days, the petitioners may cause such post to be 
erected and collect the cost thereof, not exceeding five dollars for each 
post with guide board so erected, from the township trustees. [7471] 

Hedge fences: It shall be a sufficient compliance with the pro- 
visions of the next preceding section, if the county commissioners shall 
cause to be erected and maintained, a good stock-proof hedge fence 
where a guard rail is required. Such guard rails or hedge fence shall 
be erected in a substantial manner, having sufficient strength to serve a 
protection to life and property, the expense thereof i;o be paid out of 
the county bridge fund. [7564] 

Motor Vehicles. 

Operating motor vehicle unreasonably or improperly: Whoever 
operates a motor vehicle on the public roads or highways at a speed 
greater than is reasonable or proper, having regard for width, traffic, 
use and the general and usual rules of such road or highway, or so as 
to endanger the property, life or limb of any person, shall be fined not 
more than twenty-five dollars, and for a second offense shall be fined 
not less than twenty-five dollars nor more than fifty dollars. [12603] 

Failure to stop motor vehicle when signalled: Whoever, operat- 
ing a motor vehicle, fails to slow down and stop when signalled so to 
do upon meeting or overtaking a horse-drawn vehicle or person on 
horseback and to remain stationary until such vehicle or person has 
passed, provided such signal to stop is given in good faith, under circum- 
stances of necessity, and only as often and for such length of time as 
required for such vehicles or person to pass, whether approaching from 
the front or rear, shall be fined not more than twenty-five dollars, and 
for a second offense shall be fined not less than twenty-five dollars nor 
more than fifty dollars. [12605] 

Failure to stop motor vehicle in case of accident: Whoever, 
operating a motor vehicle on a public road or highway, in case of an 
accident to a person or property thereon due to the operation of such* 
motor vehicle, fails to stop upon the request of the person injured or 
a person present, give his name and address, and, if not the owner 
thereof, the name and address of. such owner, shall be fined not more 
than twenty-five dollars, and for a second offense shall be fined not less 
than twenty-five dollars nor more than fifty dollars. [12606] 



ROADS. » 9? 

Third or subsequent offense: For a third or subsequent offense, 
a person convicted of a violation of any provision of the next four pre- 
ceding sections, shall be fined not less than fifty dollars nor more than 
one hundred dollars or imprisoned not more than thirty' days, but if 
such subsequent offense occurred within one year after any former 
offense, he shall be imprisoned not less than ten days nor more than 
thirty days. [12607] 

Failure to display official number on motor vehicle: Whoever 
operates or drives a motor vehicle upon the public roads and highways 
without providing it with sufficient brakes to control it at all times and 
a suitable and adequate bell or other device for signaling, or fails during 
the period from thirty minutes after sunset to thirty minutes before 
sunrise to display a red light on the rear thereof and three white lights, 
two on the front and one on the rear thereof, the rays of which rear 
light shall shine upon and illuminate each and every part of the dis- 
tinctive number borne upon such motor vehicle, the light of which front 
lamps to be visible at least two hundred feet in the direction in which 
such motor vehicle is proceeding, shall be fined not more than twenty- 
five dollars. [12614] 

Subsequent offense: For a second offense, a person convicted 
of a violation of any provision of the next two preceding sections, shall 
be fined not less than twenty-five dollars nor more than fifty dollars, 
and, for a subsequent offense, shall be fined not less than fifty dollars 
nor more than one hundred dollars, or imprisoned not more than thirty 
days. [12615] 

Bicycles. 

Riding bicycle on "side path": Whoever rides a bicycle on sJ 
side path constructed by a board of side path commissioners, without 
having a valid bicycle side path license attached to such bicycle in the 
manner required by law, or rides such bicycle upon such side path at 
a greater speed than ten miles per hour when passing another bicyclist 
or pedestrian, shall be fined not less than five dollars nor more than 
twenty-five dollars, and upon failure to pay such fine and costs, shall 
be committed to jail not more than one day for each dollar of sucfa 
fine. [12629] 



7 o. P. L. 



CHAPTER 23. 
Sunday Laws. 

Laboring or requiring employe to labor on Sunday: Whoever, 
being over fourteen years of age, engages in common labor or opens or 
causes to be opened a building or place for transaction of business, or 
requires a person in his employ or under his control to engage in corn- 
man labor on Sunday, on complaint made within ten days thereafter, 
shall be fined twenty-five dollars, and for each subsequent offense, shall 
be fined not less than fifty dollars nor more than one hundred dollars 
and imprisoned not less than five days nor more than thirty days. [13044] 

Exceptions: The next preceding section shall not apply to work 
of necessity or charity, and does not extend to persons who conscien- 
tiously observe the seventh day of the week as the sabbath, and abstain 
thereon from doing things herein prohibited on Sunday. [13045] 

Further exceptions: The provisions of section thirteen thousand 
and forty-four shall not prevent emigrating families from traveling, 
watermen from landing their passengers, or keepers of toll-bridges, toll- 
gates or ferries from attending them on Sunday. [13046] 

Barbering on Sunday: Whoever engages in the business of bar- 
bering on Sunday, shall be fined not less than fifteen dollars, and for 
each subsequent offense, shall be fined not less than twenty dollars nor 
more than thirty dollars or imprisoned in jail not less than twenty days 
nor more than thirty days, or both. [13047] 

Hunting, fishing, etc., on Sunday: Whoever, being over fourteen 
years of age, engages in sporting, rioting, quarreling, hunting, fishing or 
shooting on Sunday, on complaint made within ten days thereafter, shall 
be fined not more than twenty dollars or imprisoned not more than 
twenty days, or both. [13048] 

Exhibiting dramatic performance on Sunday: Whoever, on Sun- 
day, participates in or exhibits to the public with or without charge for 
admittance, in a building, room, ground, garden or other place, a theatrical 
or dramatic performance or an . equestrian or circus performance of 
jugglers, acrobats, rope dancing or sparring exhibition, variety show, 
negro minstrelsy, living statuary, ballooning, baseball playing, ten pins 
or other game of similar kind or participates in keeping a low or dis- 
orderly house of resort or sells, disposes of or gives away ale, beer, 
porter or spirituous liqour in a building appendant or adjacent thereto, 
where such show, performance, or exhibition is given, or houses or 
place is kept, on complaint within twenty days thereafter, shall be fined 
not more than one hundred dollars or imprisoned in jail not more than 
six months, or both. [13049] 

(98; 



SUNDAY LAWS. ' 99 

Closing of saloon on Sunday: Whoever, on Sunday, sells intoxi- 
cating liquor, whether distilled, malt or vinous, or permits a place, other 
than a regular drug store, where such intoxicating liquor is sold or ex- 
posed for sale on other days to be open or remain open on Sunday, 
shall be fined not less than twenty-five dollars nor more than one hun- 
dred dollars, and for each subsequent offense, shall be fined not more 
than two hundred dollars or imprisoned in jail or in a city prison not 
less than ten days nor more than thirty days, or both. [13050] 

Meaning of word "place": In regular hotels and eating houses 
the word "place" as used in the next preceding section, shall mean the 
room or part thereof where such liquors are usually sold or exposed for 
sale and the keeping of such room or part thereof securely closed shall 
be a closing of such place within the meaning of such section. [13051] 

Druggists not liable: Section thirteen thousand and fifty shall 
not apply to a druggist selling intoxicating liquor, for medicinal pur- 
poses only, upon the written prescription of a regular practicing physician. 
[13052] 

Having hunting implements on Sunday: Whoever, in the open 
air on Sunday, has implements for hunting or shooting with intention 
to use them for that purpose, shall be fined not less than twenty-five 
dollars nor more than two hundred dollars. [13053] 

Note — For further provisions regarding Sunday, see chapter on "Holidays and 
"Time", and regarding bounty for killing ground-hogs. 



CHAPTER 24. 

Time of Commencing Suits at Law. 

1 To recover real estate: An action to recover the title to or 
possession of real property, shall be brought within twenty-one years 
after the cause thereof accrued, but if a person entitled to bring such 
action, at the time the cause thereof accrues, is within the age of 
•minority, of unsound mind or imprisoned, such person, after the expira- 
tion of twenty-one years from the time the cause of action accrues, 
may bring such action within ten years after such disability is removed. 
111219] 

Contract in writing; fifteen years: An action upon a specialty 
or an agreement, contract or promise in writing shall be brought within 
fifteen years after the cause thereof accrued. [11221] 

Contract riot in writing; six years: An action upon a contract 
not in writing, express or implied, or upon a liability created by statute 
other than a forfeiture or penalty, shall be brought within six years 
after the cause thereof accrued. [11222] 

Where partial payment made: If payment has been made upon 
any demand founded on a contract, or a written acknowledgment thereof, 
<or a promise to pay it has been made and signed by the party to be 
charged, an action may be brought thereon within the time herein lim- 
ited, after such payment, acknowledgment or promise. [11223] 

Four years: An action for either of the following causes, shall 
he brought within four years after the cause thereof accrued: 

1. For trespassing upon real property; 

2. For the recovery of personal property, or for taking, detaining, 
or injuring it; 

3. For relief on the ground of fraud; 

4.- For an injury to the rights of the plaintiff not arising on con- 
tract nor hereinafter enumerated. 

If the action be for trespassing under ground or injury to mines, 
or for the wrongful taking of personal property, the cause thereof shall 
not accrue until the wrongdoer is discovered ; nor, if it be for fraud, 
tnitii the fraud is discovered. [11224] 

One year: An action for libel, slander, assault, battery, ma- 
licious prosecution, false imprisonment or malpractice, or upon a statute 
for a penalty or forfeiture, shall be brought within one year after the 
eanse thereof accrued. [11225] 

(100) 



TIME OF COMMENCING SUITS AT . LAW. 101 

On official bond: An action on the official bond, or undertak- 
ing of an officer, assignee, trustee, executor, administrator, or guardian, 
or on a bond or undertaking given in pursuance of statute, shall be 
brought within ten years after the cause thereof accrued. [11226] 

Other relief not hereinabove provided: Ten years. [11227.] 



CHAPTER 25. 

Trees and Timber. 

I. On or near boundary line. 

II. In highway. 

III. Shade trees. 

IV. Timber. 

I. On or Near Boundary Line. 

On this subject the decisions of the courts in various cases are 
given in the language of the court rendering them. They are as follows: 

"Trees standing so nearly upon the line between lands that por- 
tions of its body extend into each, the same is the property in common 
of the landowners. And neither of such owners is at liberty to cut the 
tree without the consent of the other, nor to cut away the part which 
extends into his land, if he thereby injures the common property in the 
tree." I Washburn on Real Property, 7 § a — 29 L.'R. A. 585. 

"Trees standing wholly within the boundary line of one's land be- 
long to him although the roots and branches of such tree may extend 
into the adjacent owner's land. But the adjacent owner may lop off the 
branches or roots of such up to the line of his land." 29 L. R. A. 585/ 

Trees on a boundary line belong to the adjoining owners as tenants 
in common, and one joint owner may be enjoined at the suit of the other 
from cutting down such trees, although such plaintiff had cut down 
similar trees before. Musch vs. Burkhart, 83 Iowa 801. 

A tree standing on the boundary line is the common property of 
both parties whether marked or not, and trespass will lie if one destroys 
it without the consent of the other.. Griffin vs. Bixby, 12 N. H. 454 

The destruction of forest trees along a disputed boundary line may 
be enjoined pending a suit to establish such line. De La Croix vs. 
Villere, 11 La. Ann. 39. 

If my tree blow down and fall on the land of my neighbor, I may 
go on and take it away, and the same rule prevails where fruit falls 
on the land of another, but if the owner of a tree cut the loppings so 
that they fall on another's land, he cannot be excused for entering to 
take them away on the ground of necessity, because he might have 
prevented it. Newkirk vs. Sabler, 9 Barb. 655. 

Projecting trees near a boundary line a nuisance; when: Trees 
projecting over another's land are only nuisances as to the projection 
and may be cut off, or the party aggrieved may sue for damages or 
have the nuisance abated. The projecting roots may also be abated,, 
but the tree cannot be cut down. Grandona vs. Lovdal, 70 Cal. 611. 

(102) 



TREES AND TIMBER. , 103 

Branches which overhang property adjoining that on which the trees 
are growing constitute a nuisance which the owner of such adjoining 
property may remove. Hickey vs. Michigan. C. R. Co., 96 Mich. 498. 

II. Trees in Highway. 

Trees in highway are property of adjacent owner: Trees in the 
highway are the property of the adjacent owner; and if they encroach 
upon ' the highway and must be removed, he has a right and must be 
afforded reasonable opportunity to take them as living trees and trans- 
plant them elsewhere. The order of removal should be given to him 
and he should be allowed a reasonable time to comply with it before 
the commissioners should act further. 21 L. R. A. 731. 

Neighbor has no right to cut if tree does not overhang his land: 

Where a party cut down trees standing in the street in front of his 
neighbor's land, on the ground that their shade made his house damp 
and unhealthy, but did not show that they overhung .his land, he was 
held liable in damages. Bliss vs. Ball, 99 Mass. 598. 

III. Shade Trees. 

Cutting down or injuring: The cutting down or injury of shade 
or other ornamental trees is an irreparable injury, which the courts will 
prevent by injunction. B. & O. Ry. Co. vs. Boyd, 67 Md. 32. 

Wilson vs. Mineral Point, 39 Wis. 160. 

Musch vs. Burkhart, 83 Iowa, 301. 

Shade trees in highway:. A telegraph company has no right to 
trim without consent of owner of adjoining land, and is liable to such 
owner for the damages incurred. W. U. Tel. Co. vs. Smith, 64 O. S., 
106, 115. 

Telegraph, telephone and electric light and power companies, etc., 
are liable for negligence resulting in unnecessary injuries in cutting trees 
in or along the highway for running their wires, and this rule holds even 
if the wires are for public use. 

Clay vs. Postal Teleg. Co., 70 Miss. 406. 

Tissot vs. Great So. Tel. and Telephone Co., 39 La. Ann. 996. 

Damages to the amount of $150 were awarded against a telephone 
company for cutting off the top of a handsome elm tree, standing in 
front of a side-walk, where the lot was centrally located and was avail- 
able for high-class buildings, and the cutting was without any justification, 
although the agents of the company thought they had permission. Hoyt 
vs. Telephone Co., 60 Conn. 385. 

IV. Timber. 

See "Offenses and Trespass pertaining to Property," Chapter 



CHAPTER 26. 

Wills. 

Definition of will: "The written instrument, legally executed,, by 
which a man makes disposition of his estate, to take effect after his 
death." 

' Who may make a will: A person of full age and of sound mind 
and memory, and not under any restraint; having property, personal or 
real, or an interest therein, may give and bequeath it by last will and 
testament lawfully executed. [10503] 

How will made: Except nuncupative wills, every last will and 
testament must be in writing, but may be handwritten or typewritten. 
Such will must be signed at the end by the party making it, or by some 
other person in his presence and by his express direction, and be at- 
tested and subscribed in the presence of such party, by two or more com- 
petent witnesses, who saw the testator subscribe, or heard him acknowl- 
edge it. [10503] 

How will revoked: A will shall be revoked by the testator tear- 
ing, canceling, obliterating, or destroying it with the intention of revok- 
ing it, by the testator himself, or by some person in his presence, or by 
his direction, or by some other will or codicil, in writing, executed as 
prescribed by this title, or by some other writing, signed, attested, and 
subscribed, in the manner provided by this title for the making of a will, 
but nothing herein contained shall prevent the revocation implied by law, 
from subsequent changes in the conditions or circumstances of the 
testator. [10555] 

Contest of will to be made within two years; exceptions: If, 

within two years after probate had, no person interested appears and 
contests the validity of the will, the probate shall be forever binding, 
saving, however, to infants, and persons of unsound mind, or in cap- 
tivity, the like period after the respective disabilities are removed. 
[10531] 

Birth of child: If the testator had no children at the time of 
executing his will, but afterward has a child living, or born alive after 
his death,, such will shall be revoked, unless provision has been made 
for such child by some settlement, or he is provided for in the will, or 
in such way mentioned therein as to show an intention not to make such 
provision. No other evidence to rebut the presumption of revocation 
shall be received. [10561] 

Child reported dead, or born after will made: When, at the time 
of executing his will, a testator has a child absent and reported to be 

(104) 



.WILLS. ,■■ 105 

dead, or having a child at the time of executing the will, afterward has 
a child who is not provided for therein, the absent child, or child born 
after executing the will, shall take the same share of the estate, real 
and personal, that he would have been entitled to if the testator had 
died intestate. [10563] 

Form of Will Giving Whole Estate to Wife. 

Know all men by these presents that I, John Doe, a resident of Montgomery 
township, Franklin county, Ohio, being 56 years of age, of sound mind and memory 
and of disposing intention, do make and publish this my last will and testament. 

First: It is my will that all my just debts and funeral expenses be paid as soon 
after my decease as may be found convenient to my executrix. 

Secondly: I give, devise and bequeath all the residue of my estate, both real 
and personal, to my beloved wife, Jane Doe, her heirs and assigns forever. 

Thirdly: I nominate and appoint my said wife, Jane Doe, to be the executrix of 
this, my last will and testament, and I hereby revoke all former wills by me made. 

In witness whereof, I have hereunto set my hand this 12th day of September, 
1911. John Doe. 

The foregoing was signed at the end thereof by the said John Doe in our 
presence and we heard him acknowledge the same as his last will and testament, and, 
at his request and in his presence, we hereunto respectively subscribe our names 
as attesting witnesses this 12th day of September, 1911. 

Richard Roe, 
William Rex. 



CHAPTER 27. 
Weights and Measures. 

Standards, those furnished by United States government; metric: 

system: The standard weights and measures furnished this state 
by the secretary of. the treasury of the United States under a resolution 
of congress, approved June fourteen, one thousand eight hundred and 
thirty-six, shall be the legal standard of weights and measures' through- 
out the state. This chapter shall not prevent the use of the weights 
and measures of the metric system, authorized .by congress of th 
States, as it appears in the revised statutes of the United States. [6403] 

By what standard contracts construed:- Contracts rk to 
be done, or for anything to be .sold by weight or measure, shall be con- 
strued according to the standards hereby adopted as the standards of 
this state. [6404] 

Yard, the standard measure of length and surface: The unit of 
standard measure of length and surface, from which all other measures 
of extension, whether lineal, superficial or solid, shall be derived and 
ascertained, is the standard yard, in possession of the secretary of state, 
and furnished by the government of the United States. The yard shall 
be divided into three equal parts, called feet, and each foot into twelve 
equal parts, called inches. For the measure of cloths and other com- 
modities commonly sold by the yard, it may be divided into, halves, 
quarters, eights and sixteenths. [6405] 

Contents of a rod, pole, perch, mile or chain; The rod, pole or 
perch shall contain five and a half such yards, and the mile, one thou-' 
sand seven hundred and sixty such yards. The chain for measuring 
land shall be twenty-two yards long, and be divided into one hundred 
equal parts, called links. • [6406] 

Contents of an acre: The acre for land measure shall be meas- 
ured horizontally, and contain ten square chains, and be equivalent in 
area to a rectangle sixteen rods in length and ten rods in breadth. Six 
hundred and forty such acres shall be contained in a square mile. [6407] 

Contents of perch of mason work or stone: The perch .of mason 
work or stone shall consist of twenty-five cubic feet. [6408] 

Contents of a cord of firewood or tan bark: The standard meas- 
ure of a cord of fire-wood or tan-bark shall be one hundred and twenty- 
eight cubic feet, well stowed and packed. [6409] 

Standard weights: The units or standards of weight from which 

(106) 



WEIGHTS AND MEASURES. 107 

all other weights shall be derived and ascertained shall be the standard 
avoirdupois and troy weights furnished this state by the United States 
government. [6410] 

Definition of a pound and its subdivisions; ton: The avoirdupois 
pound, which bears to the troy pound the ratio of seven thousand to 
live thousand seven hundred and sixty, shall be divided into sixteen 
equal parts called ounces. The hundredweight except pig-iron and iron 
ore, shall consist of one hundred avoirdupois pounds, and twenty hun- 
dredweight shall constitute a ton. The troy ounce shall be equal to the 
twelfth part of a troy pound. [6411] 

Gallon the standard measure for liquids: The unit or standard 
measure of capacity for liquids, from which all other measures of liquids 
shall be derived and ascertained, shall be the standard gallon, and its 
parts, furnished this state by the government of the United States. [6412] 

Contents of barrel and hogshead and branding thereof: The 

barrel shall contain thirty-one, and one-half gallons, and two barrels shall 
constitute a hogshead. Barrels, for the purpose of containing apples, 
potatoes, onions or other fruit, produce or vegetables, shall be made of 
staves of seasoned timber, twenty-eight and one-half inches in length 
with cut heads of seventeen and one-eighth inches in diameter and shall 
measure at the bulge not less than sixty-six inches in circumference, 
outside measure. Such barrel shall be known as "the standard barrel," 
and on the outside of one or more of the staves thereof shall be stamped 
or branded the words "State of Ohio, standard," the name of the cooper 
or manufacturer thereof and the name of the city or town nearest to 
which the cooper shop or place of business of such manufacturer is 
located. [6413] 

Half-bushel the standard measure for substances: The unit or 
standard measure of capacity for substances other than liquids, from 
which all other measures of such substances shall be derived and ascer- 
tained, shall be the standard half-bushel measure furnished this state 
by the government of the United States, the interior diameter of which 
is thirteen inches and thirty-nine fortieths of an inch, and the depth is 
seven inches and one-twenty-fourth of an inch. [6414] 

Subdivisions of half -bushel: The peck, half-peck, quarter-peck, 
quart and pint measures for measuring commodities other than liquids, 
shall be derived from the half-bushel measure by dividing it and each 
successive measure by two. [6415] 

Heaped measures: Articles usually sold by heaped measure shall 
be heaped in a conical form as high as such articles permit. [6416] 

How dry commodities measured: Measures for measuring dry 
commodities not usually heaped shall be struck with a straight stick, 
with the edges rounded. Commodities other than liquids, when sold by 
the gallon or less, shall be sold by the dry measure. [6417] 



108 OHIO FARM LAWS. 

Standard weight of bushel: A bushel of the respective articles 
hereinafter mentioned shall be the amount of weight, avoirdupois, in 
this section specified, viz : of wheat, sixty pounds ; of rye, fifty-six 
pounds; timothy seed, forty-five pounds; of hemp seed, forty-four 
pounds ; of millet seed, fifty pounds ; of buckwheat, fifty pounds ; of 
beans, sixty pounds; of peas, sixty pounds; of hominy, sixty pounds; 
of Irish potatoes, sixty pounds ; of sweet potatoes, fifty pounds ; of onions, 
fifty-five pounds ; of dried peaches, thirty-three pounds ; of dried apples, 
•twenty- four pounds; of flaxseed, fifty-six pounds; of barley, forty-eight 
pounds; of malt, thirty-four pounds; of Hungarian grass seed, fifty 
pounds ; of lime, seventy pounds ; of coke, forty pounds ; of bituminous 
coal, eighty pounds ; of cannel coal, seventy pounds ; of corn, shelled, 
fifty-six pounds; of corn in the ear, sixty-eight pounds; of popcorn in 
the ear, forty-two pounds ; of tomatoes, fifty-six pounds ; of apples, fifty 
pounds; of peaches, forty-eight pounds; of turnips, sixty pounds; of 
carrots, fifty pounds; of beets, fifty-six pounds; of oats, thirty-two 
pounds ; of clover seed, sixty pounds. [6418] 

Bushel for measuring stone coal and lime: The standard bushel 
of stone coal, coke and unslacked lime, shall contain twenty-six hundred 
and eighty-eight cubic inches ; and the measure for measuring such 
articles shall contain two bushels, and be of the following interior dimen- 
sions : twenty-four inches diameter at the top, twenty inches at the bot- 
tom, and fourteen and one-tenth inches deep. [6419] 

When coal sold by weight; when by measurement: Sales of coal 
shall be by weight ; and two thousand pounds avoirdupois shall constitute 
a ton thereof ; but where coal can not be weighed, it may be sold by 
measurement. [6420] 

Person selling coal in violation of provisions: Whoever sells 
stone coal in violation of this chapter shall be liable to the person to 
whom such coal is sold and delivered in treble damages. If the defend- 
ant in such action does not reside in the county where the mine is 
located, service may be had upon him by leaving a copy of the summons 
at his place of business. A judgment recovered in such action shall be 
a lien upon all property of such defendant in the county from the day 
of service. This section shall not apply to a person or corporation 
mining or selling less than fifteen thousand bushels of coal annually. 
[6421] 

Standard of measurement for bushel of charcoal: The standard 
of measurement for a bushel. of charcoal shall be twenty-seven hundred 
and forty-eight cubic inches. [6422] 

Selling by false weights: Whoever, in buying or selling any 
property, or directing or permitting an employe so to do, knowingly 
makes or gives a false or short weight or measure . or whoever has 
charge of scales or steelyards fixed for the purpose of misweighing an 



WEIGHTS AND MEASURES-. 109 

article bought or sold, or, having scales or steelyards for the purpose of 
weighing property, knowingly reports a false or untrue weight, or who- 
ever uses in the sale of a commodity a computing scale or device indicat- 
ing the weight and price of such commodity upon which scale or device 
the graduations or indications are false, or inaccurately placed, either as 
to weight or price, shall be fined not more than fifty dollars. [13106] 

Selling stone-coal by unlawful weights or measures: Whoever 
sells and delivers stone-coal except at legal weights and measures, shall 
be fined not less than five dollars nor more than fifty dollars or impris- 
oned not less than five days nor more than thirty days. [13107] 

Measure for small fruits: Whoever, in selling berries or other 
small fruits, uses a measure other than the standard dry measure bushel 
or a fraction thereof, shall be fined not less than ten dollars nor more 
than fifty dollars. [13008] 

Miller, grain-dealer, etc., must use standard half -bushel: Who- 
ever, being a commission merchant, miller, dealer, grain inspector, cor- 
poration, firm, association or person, or an officer, agent or employe 
thereof purchasing or receiving wheat in barter or exchange for flour, 
or otherwise, from the original producer, his agent or employe, for 
testing or determining the weight, grade, milling or market value thereof, 
uses a measure other than the standard half-bushel or uses a measure 
that is a fractional part of such standard half-bushel, furnished tin's 
state by the United States, shall be fined not less than twenty-five dol- 
lars nor more than one hundred dollars or imprisoned in jail not more 
than thirty days, or both. Fines collected under this section shall be 
paid into the county treasury to the credit of the county fund. [X&109J 



CHAPTER 28. 
Work and Labor. 

A laborer making an agreement to work for a specified time, or to 
do a specified job, and' quitting before the time has expired or the job 
finished, can not collect pay for the amount done or time served unless 
his employer consented to the quitting or made the conditions and cir- 
cumstances after the work was begun such that the laborer could not 
continue. If the employer without just cause, force the suspension of 
time or service of a laborer, the latter may not only collect for the 
work done, but also damages arising from being forced to quit. If the 
contract be for a specified term, the laborer may, under the last named 
circumstances, upon being forced by the employer to quit, collect the 
full amount of the contract price to the end of the original term of 
employment, and this, although the wages may be payable monthly or 
at other short intervals. A dissolution of the contract by mutual con- 
sent entitles the laborer to the agreed wages'' for the time served. 

In any case of employment where the wages were not agreed upon 
at or before the beginning of the service, the employer would be bound 
to pay, and the laborer bound to receive, the customary wages paid in 
the neighborhood or surrounding community for like services. 

There are several causes for which an employer would be justified 
in discharging a servant before the end of the term. If the servant use 
obscene or blasphemous language in the presence of the employer's 
family or other servants, under certain circumstances, or, if he become 
intoxicated habitually, embezzle his employer's funds or commit other 
fraud, substitute others in his place, refuse to obey his employer's orders, 
or become habitually negligent in the performance of his duties, he may 
be discharged and he will have no right of recovery against his employer 
except for unpaid services performed up to the time of his discharge. 

Likewise, if any employer treat his servant in an unreasonable or 
shameful manner or create unreasonable conditions after the servant has 
entered upon the term of service, the servant would be justified in quit- 
ting. 

Mechanics undertaking to make a chattel, such as a wagon, grain- 
rigging or any other thing, must make it according to contract, and in 
a workmanlike manner, or the party for whom it is made is not bound 
to take or pay for it. 

If, where a workman is employed to do a particular job, he chooses 
to do additional work without the consent of his employer, he can not 
recover for such additional work done. 

a 10) 



CHAPTER 29. 

Miscellaneous. 

Publication of derogatory statements affecting solvency of banks ; 
penalty: Any person who shall wilfully and knowingly make, cir- 
culate or transmit to another or others, any statement, rumor or sug- 
gestion, written, printed or by word of mouth, which is untrue in fact 
c'tl inference derogatory to the financial condition or 

standing of any bank, savings bank, 
and loan association or trust company 
te, or who shall knowingly by counsel, aid, 
to start, transmit or circulate any such state- 
ment or rumor, shall upon conviction thereof be punished by a fine of 
not more than one thousand dollars or by punishment in the penitentiary 
for not more than two years or both. [13383-1] 

Conversation over telephone not to be divulged by employe; 
penalty: Any person connected with a telephone company incor- 
porated or unincorporated, operating a telephone line, or engaged in the 
business of transmitting to, from, through or in this state, telephone 
messages, in any capacity, who wilfully divulges a private telephone 
message, or the nature of any such message, or any private conversation 
en persons communicating over the wires of such company, or who 
wilfully delays the transmission of any telephonic message or communica- 
tion, with intent to injure, deceive or defraud the sender or receiver 
thereof or any other person, or any such telephone company, o'r to 
benefit himself or any other person, shall be deemed guilty of a misde- 
r, and on conviction fined not less than $100, nor more than $1,000, 
be imprisoned in the county jail not less than 30 clays nor more 
than three months. [Passed March 12, 1909. Approved March 15, 1909.] 

Unlawful sale of certain kinds of wool: Whoever sells wool, 
washed on a sheep's back or otherwise, containing unwashed tag-locks, 
shed wool, black-wool, parts of buck's fleeces, or other substance 
foreign to the fleece or fleeces which is calculated and intended to de- 
! the purchaser thereof, shall be fined not less than twenty-five 
dollars nor more than one hundred dollars or imprisoned not less than 
thirty days nor more than ninety days or both. [13114] 

How fires in woods or prairies extinguished: If the woods or 
prairies in a township are on fire so as seriously to endanger property, 
the trustees of such township may order as many of the inhabitants of 
the township, liable to work on the highways and, residents in the vicinity 
of the fire, as they deem necessary, to repair to such place and assist 
in extinguishing it, or stopping its progress. [7496] 

(111) 



112 OHIO FARM LAWS. 

Employer's duty to sick servant: An employer who fails to pro- 
vide medical attention and proper food to a domestic servant who has 
become seriously ill at his house and unable by reason thereof, as he 
Joiows, to procure a physician or food, whereby her health is perma- 
nently shattered, is liable in damages. 1 Dayton 27. 

Allowance for same: A person so ordered shall be allowed by 
the superintendent of his road district, to be applied on his toll or road 
tax, a like amount per day as he is allowed for work on public high^ 
ways. [7497] 

Penalties for refusal to assist: If a person refuses or wilfully 
neglects to comply with such order, he shall forfeit a sum not less than 
five dollars nor more than fifty dollars, to be collected before any justice 
of the peace of the township. [7498] 







CHAPTER 30. 






Business Forms. 


I. 


Agreements. 


VIII. Deeds, mortgages and leases, 


II. 


Affidavit. 


IX. Guaranty. 


III. 


Assignment. 


X. Indorsement. 


IV. 


Bill of sale. 


XI. Orders. 


V. 


Bonds. 


XII. Promissory notes. 


VI. 


Bank checks. 


XIII. Receipts. 


VII. 


Drafts. 


XIV. Will. 



I. AGREEMENTS. 
General Forms of Agreement for Ordinary Purposes. 

Articles of agreement made and entered into this day of 

i in the year 191.., by and between A B, party of the first 

part, and C D, party of the second part, witnesseth : 

The said party of the first part doth hereby covenant and agree 
with the said party of the second part to do and perform the matters 
and things following, to-wit : {Here state what the party' of the first 
part is to do and perform.) 

And the said party of the second part doth hereby covenant and 
agree with the said party of the first part in consideration of the agree- 
ment and stipulations above made and to be performed, that he will, 
upon the performance of said agreement by said party of the first part, 
{Here state what the second party is to do or pay, and if to pay, state 
when and in what manner and amounts.) 

In witness whereof, the said parties have hereunto set their hands 
the day and year first above written. 

A. B. 
C. D. 
Agreement for Employing Farm Laborer. 

This agreement made and entered into this day of 

>. in the year 191 . . , by and between A B and C D, 

;witnesseth : 

The said A B hereby agrees to work faithfully for the said C D 
as a general laborer on the farm of said C D and to perform other 

labors in connection therewith for the period of consecutive 

months, beginning on the day of ^ 191 .. , for the 

sum of dollars ■($ ) 

In consideration of said services to be performed, by said A B, 
the said C D hereby binds himself to pay the said A B the sum of 

8 p. F. l. (113) 



114 OHIO FARM LAWS. 

dollars ($ ) in monthly installments of 

dollars ($ ) each, at the end of each month of services performed' 

under this agreement. 

In witness whereof, the parties have hereunto set their hands the 
day and date first above written. 

Witnesses : A. B. 

C. D. 
Another Form for Same. 

This agreement made and entered into this day of '. 

191 , by and between A B of . .- , party of the first part, 

and C D of t , party of the second part, witnesseth : 

The said party of the first part has this day agreed to enter into' 
the service of said party of the second part, in the capacity of a general 

farm laborer, for a period of months beginning on the 

day of , 191. . . ., for the sum of dollars ($ ), 

and other considerations as the same are payable and set forth herein 
below. 

The said party of the second part hereby agrees to take said party 
of the first part into service in sai I < "_ erefor, the 

said sum of dollars ,-....) in mc hly ts of 

. dollars ($. . . . ) a 1 of each and. every month of 

service performed until said term : is completed. And the said 

party of the second part agrees, as further consideration for said service 
to be performed, to give the sa: the fir; boarding, lodg- 

ivashing, mending and all or< home conv (protracted 

sickness and expenses there-; »f . the dwel -se of said 

party of the second part, throughout said term of service. 

It is.' hereby mutually agreed by and between said parties that 
twenty-six days' service shall constitute one month, and that said party 
of the first part shall be allowed for all time, present, (excepting Sun- 
days) from the beginning of said term, excepting such days, if any, when 
he shall not worjc on account of ill health, etc. It is further and finally 
agreed by and between said parties', that either of said parties may 
terminate this agreement upon ......... days' notice to the other and 

performance of the terms hereof until the expiration of said notice. 

In witness whereof, the parties have hereunto set their hands on 
the day and date above written. 

A. ,B. 
C. D. 
Agreement for Work and Labor of Any Kind. 

This agreement made and entered into this ...... day of 

in the year 191. ., b} r and between A B of , party of 

the first part, and C D of ., party of the second part, 

witnesseth : 



BUSINESS FORMS. 115 

The said party of the first part doth hereby covenant and agree 
with the said party of the second part to work and labor faithfully 

for the said party of the second part for the term of • • months, 

commencing on the day of , in the year 191 . . , 

in business of , and perform such other services and 

labor as the said party of the second part may reasonably require. 

The said party of the second part hereby agrees to pay the said 

party of the first part for said term of service at the rate of 

dollars ($ ) per month, in the following manner: 

(Here state times and conditions of payment.) 

It is hereby agreed further between said parties that either of them 
may put an end to this agreement and cease the relation of employer 
and employee, by giving the other day's notice, verbal or other- 
wise of such intention ; but in such case the said party of the second 
part shall pay the said party of the first part for the time he may have 
worked at the rate above fixed. 

In witness whereof, the said parties have hereunto set their hands 
the day and year above written. A. B. 

C. D. 

Agreement with Farm-house Tenant and Laborer. 

This agreement, witnesseth : That John Temple has this day be- 
come the house-tenant o'f James Squires by moving into the South house 
on said Squire's farm, for the use and rental of which house said Temple 
agrees to pay the sum of four dollars per month, all of which rental 
said Squires agrees to accept, in the labor of said Temple, at the rate of 
One and one-half Dollars ($1.50) for each day's service rendered, and 
the said Temple agrees to give the said Squires first refusal of his 
service during harvesting season. And this agreement shall remain in 
effect until one of said parties shall terminate the same by giving the 
other sixty days' notice of such intention. 

In witness whereof, the said parties have set their hands hereunto, 
on the 1st day of January, 1911. 

James Squires. 

John Temple. 

Cultivation of Field for Share of Crop. 

\ 

This agreement made and entered into, this day of , 

191 . . , by and between A B of , party of the first part, and 

C D of , party of the second part, witnesseth : 

Said party of the first part has this day let unto said party of the 
second part, a certain twenty acre field to be planted and cultivated in 

corn this season, the rental rendered therefor to be the part 

of the crop raised on said field. 



116 OHIO FARM LAWS. 

Said party of the second part agrees to furnish the seed and plant 
said field in corn, and cultivate the same in a good and proper manner, 
and to deliver and put in the cribs of said party of the first part, the 
. part of the crop raised on said field as rental therefor. One- 
half of the stocks are to be allowed to remain standing for the use 
and benefit of said party of the first part, and the said party of the 
second part may cut and remove the other half thereof for his own use 
and benefit, but shall not pasture the same in the ground. And said party 
of the second part agrees to put forth all reasonable efforts to have all 
of said corn husked and cribbed and his fodder removed on or before 
December 15, next ensuing. 

In witness whereof, said parties have hereunto set their hands on 
the day and year firs]: above written. 

A. B. 

C. D. 

Contract for the Sale of Live Stock, Grain, etc. 

This agreement made this day of : 

in the year 191 .... , by and between A B, of , and C D, 

of witnesseth : 

The said A B, for the consideration hereinafter mentioned, hereby 

sells and agrees to deliver on or about the . . . : day of 

next, to the said C. D, at < 

the following: {Here describe the stock, or grain as the case may be, 
stating the number of head, etc., or bushels and quality, etc.) 

In consideration for the above (say grain or stock) the said C D 
hereby agrees to pay to the said A B for the same, on delivery, at the 
rate of (Here state ' number of dollars, price per hundred weight, or] 
price per bushel, as the case may be.) 

In witness whereof, the parties have hereunto set their hands and 
seal the day and year above written. 

A. B. 
C. D. 

Agreement for Building and Maintaining -Line Fence. 

Columbus, Ohio, March 1st, 1911. 
John Milford and George Swisher being owners of adjoining lands 
in Clinton township, Franklin county, Ohio, hereby agree, for the im- 
provement of their respective properties, to remove the line fence which 
has' heretofore existed between their said lands, and instead thereof, 
erect a fence of wires and iron posts. Said Milford agrees to erect 
and* maintain the east half end of said fence, and said Swisher agrees 
to erect and maintain the west half end of said fence, the said fence 
to consist of seven strands of No. 8 wire, and posts five feet above 



BUSINESS FORMS. 117 

the ground and twenty feet apart with stay-slats midway beween the 
posts, and a light guard-board painted white to be hung to the top wire 
the whole length of said fence. The erection of said fence to be com- 
pleted on or before May 1st, 1911. 

John Milford, 
George Swisher. 

Agreement for the Opening and Maintenance of a Private Road. 

Agreement made and entered into this first day of February, 1911, 

by and between A B, of , party of the first part, and 

C D, of , pajrty of the second part, witnesseth : 

Whereas said parties are owners. of adjoining lands between and 
along the common boundary line of which land both of said parties 
desire to make a road for use and convenience of themselves and their 
tenants in going in and out to the turnpike, therefore said parties mu- 
tually agree as follows, to-wit : 

That each of said parties will contribute for the opening of such 
road, a strip of land along said boundary line, ten (10) feet wide for 
a distance of one hundred and twenty (120) rods back from said 

turnpike, and that each of said parties will erect .and 

maintain at his own expense, a good and sufficient fence along his own 
side of said road, made by the joining of said strips of land, and that 
said road shall remain for the joint use of both of said parties and 
their tenants until such time as said parties may mutually agree in 
writing to its discontinuance ; that said road shall be opened and fenced 
in the month of April, 1911. 

In witness whereof the said parties have hereunto set their hands 
on the day and date first above written. 

A. B. 
C. D. 
Agreement for Joint Tile Underdrain. 

Agreement made and entered into this 25th day of January, 1911, 
by and between H. L. Martin of Linden, Ohio, and John Keenan of the 
same place, witnesseth : 

Whereas the said H. L. Martin is desirous of draining a portion of 
his land by carrying the water to the Harbor Road ditch through a tile 
underdrain across the land of the said John Keenan, and whereas, the 
said John Keenan will also be benefited by such underdrain, there- 
fore, said parties agree as follows to-wit : "S 

That said Martin may put in a tile underdrain across the land of 
said Keenan, said Martin to do all opening and filling of the ditch and 
furnish one-half of the tile used in crossing said Keenan's land, and 
said Keenan to furnish the other one-half of the tile used in crossing 
his own land. Said parties mutually agree that the tile used, in said 



118 OHIO FARM LAWS. 

underdrain shall be hard-burned and six inches in diameter, and that 
each of said parties will have his portion of said tile on the ground 
ready for use by March 1st, 1911, and that the said Martin shall begin 
work on said underdrain on that date or as soon thereafter as the 
frost shall have left the ground, and shall prosecute the work without 
unnecessary delay until the said underdrain is completed. 

If at any time yi the future said parties shall mutually agree to 
discontinue said drain and said tile shall be taken up, then each party 
shall have one-half of the tile, providing he. shall take them up at his 
own expense, but said underdrain shall not be interfered with nor 
taken Up without the consent of both parties. All repairs of said drain 
shall be made by said Martin at his own expense, and said Martin shall 
have the right "to enter upon the lands of said Keenan for the purpose 
of making repairs to said drain when the same are needed, or to take up 
his share of the said tile in case of abandonment of said underdrain. 

H. L. Martin, 
John Keenan, 

Agreement for Private Crossing on Land of Another. 

Columbus, Ohio, January 1st, 1911. 

In consideration of the sum of ten dollars ($10.00) to me paid, the 
receipt of which sum I hereby acknowledge, I hereby give and grant to 
Wm. Wilkinson the right to cross my land on a direct line west from 
his present wagon gate to the river turnpike for the period of one year 
from this date, the width of said way not to exceed twenty (20) feet, 
and the said Wm. Wilkinson to erect and maintain a gate at the said 
turnpike ; and I further N give and grant unto the said Wm. Wilkinson 
the right to use said way while I am the owner of said land, so long 
as he shall on the first day of each January hereafter make me a pay- 
ment of ten dollars in advance. 

In witness whereof, I have hereunto set my hand on the day and 
year first above written. 

John Cartwright. 

Agreement for Sale of Standing Timber. 

This agreement made and entered into this day of 

, 191 , by and between A B, of 

as vendor, for himself, his heirs, executors, and administrators, and C D, 

of as purchaser for himself, his executors and 

administrators. 

The said vendor in consideration of the sum of 

dollars ($ ), to be paid to him by the said purchaser, and of 

the agreement hereinafter contained, on the part of the said purchaser, 
does hereby sell unto the said purchaser all the timber and other trees 



BUSINESS FORMS. 119 

standing, growing, and being on a certain tract of land situate in the 

township of county of State of 

and bounded and described as follows, to-wit : 

{Here give the description of the land by metes and bounds, if the 
same has been surveyed separately , if not surveyed, then describe it as 
so many acres located on a certain portion of the farm or tract, giving 
such distances, marks, etc., etc., as may be desirable to make the de- 
scription reasonably certain and satisfactory to both parties), and said 
vendor hereby assures and grants to said purchaser, free and full license 
and authority to enter upon said land ints and teams, and 
cut and work up said timber in such m as he may desire, and to 
remove the same at such time as said purchaser may desire, provided, 
that all of said timber shall be Moved on or before the 
day of 191. . . . 

The said purchaser hereby agrees to pay the said sum of 

dollars ($ ) for said timber, 

($ ) dollars of which said purchaser has this day paid. The 

remainder, of -. dollars ($ ) , it is mu- 
tually agreed shall be paid as follows, to-wit : 

(Here state the conditions of further payment.) 

Said purchaser further agrees not to commit waste or damage on 
other lands, or to the fences of the said vendor, and should such occur, 
said purchaser agrees to compensate said vendor therefore, at the time 
of the payment period next after such damage is" incurred'. 

In witness whereof, the said parties have hereunto set their hands, 
on the day and date first above written. 

A. B. 
C. D. 
Agreement for Building a House or Barn. 

Suggestions : A drawing or plans should be made showing the di- 
mensions of the bujlding, of timber, foundation, elevation, etc. If a 
house, the thickness of the walls, the height of each story, the dimen- 
sions of the cellar, rooms, attic, floors, windows, stairways, fire-places, 
grates, clothes-presses, pantries, sinks, plumbing, etc., should be shown. 
There should be specifications of all material, workmanship, etc., etc. 

Form of Agreement. 

This agreement made and entered into this first day of May in! the 
year 1911, by and between A B, of Greenfield, Ohio, party of the first 
part, and C D, of said village, party of the second part, with refer- 
ence to the construction of a certain (dwelling house or barn, as the ease- 
may be) for said party of the second part, witnesseth: 



120 OHIO FARM LAWS. 

First. That the plans and specification hereto annexed, and marked 
"A", and every part and clause thereof, are made a part of this agree- 
ment. 

Second. That the said A B, hereby agrees that he will, on or before 
the first day of October, 1911, do, perform, finish and complete, in the 
manner therein stated all work set forth and referred to in said speci- 
fications; the work to be commenced, no obstacles not under control 
of either party preventing, on the first day of June, 1906. {Here state 
who is to furnish the materials, deliver, etc.) And the said C D agrees 
to pay said A B for said work as follows : 

(Here state payments.) 

If any alterations to said building should be directed by the said 
C D, such work as said alterations may require, shall be estimated and 
the amount to be paid for the same agreed upon, and all reduced to 
writing, as supplemental 4o this agreement before said alteration is com- 
menced. 

In witness whereof, the parties have hereunto set their hands the day 
and date first above written. A B, 



C D. 



Agreement for the Sale of Land. 



Articles of agrqement, made and entered into this day of 

: , 191 . . , by and between A B, of 

and C D, of witnesseth : 

That A B has sold and does hereby agree to convey in fee-simple, 
to the said C D, by a good and sufficient deed of general warranty free 

from the dower right of . . . . wife said A B and free from 

aH* incumbrances whatsoever* on- or before the day 

of , 191.., upon the payment by said C D 

of the consideration money hereafter mentioned, the following described 

premises, situate in the county of , State of Ohio, 

and in the township of , and being a part of [here 

give the township, section, range, entry, survey or lot] and bounded and 
described as follows : Beginning, etc. 

[Insert boundaries here.] 

And the said C D doth hereby agree to pay to said A B, the sum of 
dollars ($ ), the considera- 
tion money for said premises, in the manner following : 

dollars on or before the day of 

191 . . , and dollars, on or before the 

day of , 191 .. , with interest at the rate of 

per cent, per annum, payable annually, said deferred payment to be 
secured by mortgage on said premises. 



BUSINESS FORMS. 121 

The said A B hereby agrees that said C D shall have the posses- 
sion, use and occupancy of said premises on and after the day of 

191 .. , as his own, pursuant to the purpose and 

intent of this agreement. 

In witness whereof, the said A B and C D, hereunto set their hands 
on the day and date herein first hereinbefore written. 

A B. 
C D. 

NOTE — If the purchaser is to assume the payment of an existing mortgage as 
a part of the purchase price, then the following should be inserted at the point 

designated by the (*) , excepting a mortgage thereon 

to of for 

the sum of dollars dated the day of 

, and recorded in Mortgage 

Record No , page , which said mortgage, and the interest 

thereon to the date of the conveyance hereby contracted to be made, the said party 
of the second part shall assume and pay as part of the purchase price of said premises. 

The agreement which may be made as to payment of taxes, etc., may be in- 
serted after the foregoing regarding the mortgage. 

Agreement for Exchange of Properties. 

Agreement made this day of , 191 .. , by and 

between of , party of 

the first part, and . .*. of party 

of the second part; witnesseth : 

Whereas the said party of the first part is the owner in fee simple 
of a certain parcel of land with the buildings thereon, situate in the 

. .... of , State of , 

and bounded and described as follows, to-wit: 

(Here describe premises.) 

And whereas the said party of the second part is the owner in fete 

simple of certain parcels of land situate in the of 

State of and bounded and 

described as follows, to-wit: 

(Here describe premises.) 

And whereas the said parties have agreed to make an efxchange 
by way of mutual sale and conveyance of their said respective properties, 
now it is agreed as follows : 

That the said party of the first part shall, in consideration of the 
property hereby agreed to be conveyed by the said party of the second part 
to the said party of the first part, and of the sum of money to be paid 
by the said party of the second part to the said^party of the first part 
as hereinafter mentioned, sell and convey to the said party of the second 
part, thd said described land of the said party of the first part, with the 
buildings thereon, and the appurtenances thereunto belonging, in fee 
simple, and free from all dower and incumbrances. 



122 OHIO FARM LAWS. 

That the said party of the second part shall, in consideration of 
the? property hereby agreed to be conveyed by the said party of the first 
part to the said party of the second part, sell and convey to the said 
party of the first part the said described land of the said party of the 
second part, with the appurtenances thereunto belonging, in fee simple 
and possession, free from all dower and incumbrances, and shall pay 
to the said party of the first part the sum of money hereinafter mentioned. 

The said premises belonging to the said party of the first, part being 
considered to be of greater value than the said premises belonging to 

said party of the second part, by the sum of dollars, the 

said party of the second part shall, upon the execution of said convey' 

ance, pay to the said party of the first part the sum of 

dollars ($ \ . ), the difference in value of the said premises. 

The said exchange shall be completed on the day of 

191.., at the office of ' , at 

when each of said parties shall, by good 

and proper deed of general warranty, convey the said premises belonging 
to him unto the other of them, free, from all incumbrances. 

Each of said parties shall be entitled to the possession and to the 
receipt of the rents and profits of the premises hereby agreed to be 

conveyed to him from and after the day of , 191. ., 

aforesaid. 

If, from any cause whatever the said prospective conveyances shall 

not be completed on or before the said day of 

next, interest at the rate of per cent, per annum upon the sum 

to be paid for equality of value, as aforesaid, shall be paid by the said 

party of the second part from the said day of 

next, until the completion of said conveyances. 

In witness whereof, the said parties have hereunto set their hands, 
the day and year above written. 



II. AFFIDAVIT. 
General Form for Ordinary Purposes. 



State of Ohio, 



County, ss : 

A B, residing at and of lawful age, being 

first duly sworn, says : 

(Here state the facts.) 

Further, affiant saith not. 

A B. 



BUSINESS FORMS. 123 

Sworn to by the said* A. D and by him 

subscribed in my presence this day of . . '. , 191. . 



(Seal.) » (Official character.) 

Affidavit to Claim. 
State of Ohio, 

County, ss : 

Before me, the undersigned, a in and for said 

county, personally appeared A. B. who made solemn oath that there is 
justly due him on the above claim an itemized statement of which as 
attached hereto, the sum of dollars ($ ), that no pay- 
ments have been made thereon, and that there are no offsets against 
the same to his knowledge. 

(Signed) A. B. 

Sworn to and subscribed before me this day of .. 

191.. 



(Official character here.) 



III. ASSIGNMENT. 



General Form for Assignment of Written Instruments. 

Columbus, Ohio, July 24, 1911. 

In consideration of the sum of dollars ($ ) to 

me paid by A B, I hereby assign to him all my rights, title and, interest 
in and to the within instrument. 

C D. 

Assignment of an Account. 

For value received, I hereby sell, assign and transfer to A B, the 
within (or annexdd) account, and all of my right, title, interest and 
demand in and to the same, with full authority to collect' and receipt 
for the same. I guarantee that the said account is just and due, and 
that I have not received or discharged the same or any part thereof. 

Dated this 24th day of July, 1911. 

C D. 



124 OHIO FARM LAWS. 

Notice to Debtor by Creditor of Assignment of riebt. 

rp jyj -^ Columbus, Oifio, July 24, 1911. 

Dear Sir: I hereby notify you that I have this day assigned the 

debt of dollars ($ ) now owing from you to me to 

A B, and I hereby request you to pay the said sum to him, and his 
receipt to you for the same shall be a sufficient and .full discharge from 
said debt. 

Yours very truly, 

C. D. 

Notice by Assignee to Debtor of Assignment of a Debt. 

Columbus, Ohio, July 25, 1911. 

Dear Sir: I hereby notify you that C D did, on the 24th day 

Of July, 1911, assign and fully transfer to me the debt of 

dollars ($ ) owing by you to him. Therefore I request that you 

pay the said debt to me, on or before the day of 

t next, and very greatly oblige, 

Yours very truly, 

A. B. 

Assignment and Guaranty of Payment. 

Columbus, Ohio, July 24, 1911. 
Fo"r value received I hereby sell, assign and transfer to A B all 
of my right, title and interest in and to the within account, and all money 

due thereon, to-wit, the sum of dollars ($ ) , and 

I hereby guarantee the payment of the same to the said A B, or his. 
assigns. 

C D. 



IV. BILL OF SALE. 



A bill of sale is a writing by which one transfers the right and 
interest he has in goods and chattels to another — Bouvier. If possession 
of the property is retained by the person executing the bill, then such 
bill should be filed with the recorder of the county in which the person 
executing the bill resides. 



BUSINESS FORMS. 125 



Bills of Sale: Short Form. 

In consideration of dollars ($ ) to me in hand 

paid by A B, I have this day bargained and do hereby sell and convey 
to the said A B the following described property, to-wit : 

(Here describe the property.) 

In witness whereof, I have hereunto set my hand this day 

of f " 191 

C D. 

Bill of Sale of Horse With Guaranty. 

Columbus, Ohio, June 27, 1911. 
In consideration of the sum of one hundred and twenty-five dollars 
($125.00) in hand, to me paid by Arthur Francis, I have this day bar- 
gained and sold, and do hereby sell and convey to the said Arthur Francis, 
one bay gelding six years old, named Dick, and I guarantee said gelding 
sound and gentle in every particular. 

Perry Hambleton. 



V. BONDS. 

General Form for all Ordinary Purposes. 

Know all men by these presents, that we, A B, principal, and C. D 
and E F, sureties, are held and firmly bound unto G H, his administrators 

and assigns, in the sum of dollars, for the payment 

of which we do hereby bind ourselves, our executors, administrators 
and assigns. 

The condition of this obligation is such, that whereas, the said A B 
hath agreed (Here state what the principal has agreed to do or pay). 

Now, if the said A B shall faithfully perform the several matters 
and things above mentioned at or before the time and in the manner 
there mentioned then this obligation to be void, otherwise to be and 
remain in full force. 

In witness whereof we have hereunto set our hands this 

day of ,.., 1911. 

A B, Principal. 
C D, Surety. 
E F, Surety. 



126 OHIO FARM LAWS. 

Bond for Payment of Rent. 

Know all men by these presents, that we, William Sntith, of City. 
Ohio, principal, and Charles Haines, of said village, surety are firmly 
held and bound unto Joseph Raymore, of said village, in the sum of five 
hundred dollars, for the payment of which sum to the said James 
Raymore, his executors, administrators, and assigns, we hereby jointly 
and severally bind ourselves, our heirs, executors and administrators. 

The conditions of this obligation are such that whereas, the said 
Joseph Raymore has leased unto the said William Smith certain land, 
and the farm buildings and dwelling house situate on Wilke's pike, one 
mile south of said village, by lease bearing even date herewith, and 
whereas said lease was granted upon the condition that the above named 
Charles Haines should join as surety for the said William' Smith, in a 
bond for the due payment of the rent and the performance of the cove- 
nants and conditions contained in the said lease, now, if the said William 
Smith, his executors, administrators or assigns, shall, during the con- 
tinuance of the said lease, duly pay to the said Joseph Raymore, his 
heirs or assigns, the rent upon the respective dates appointed in said 
lease for payment thereof, or within ten days next after such respective 
days, and shall, during the continuance of the said lease, duly observe 
and perform all and singular the covenants and condition therein con- 
tained on the part of the said lessee, his executors, administrators and 
assigns, to be observed and performed ; provided that the neglect or 
forbearance of the said lessor in enforcing payment of such rent or the 
performance of such covenants and conditions, or the giving of time 
by him for payment or performance thereof, shall not in any way re- 
lease the said Charles Haines or either of them, his or their heirs, execu- 
tors, or administrators, ?n respect of his or their liability under the above 
written bond, then this obligation shall be void; otherwise, it shall be 
and remain in full force and virtue. 

In witness whereof we have hereunto set our hands this 1st day of 
February, 1911. 

Signed in the presence of: 

William Smith, Principal. 
/ Charles Haines, Surety* 



BUSINESS FORMS. 

VI. BANK CHECKS. 
Payable to Order. 



127 



No. Washington, D. C, , 191.. 

CAPITAL CITY BANK, 

Pay to or order ' 

-..Dollars $ 



Certified Check. 



No. Charleston, 
SEAPORT 

Pay to Hugh McHugh 
One hundred 


Good for $100 when 
properly indorsed. 
Wm. Bates, Cashr. 


S. C, January 10, 1911. 

BANK. 

or order. 




...Dollars, $10.00. 
John Doe. 



Certificate of Deposit. 



$500.00. Boston, Mass., Dec. 24, 1911. 

PURITAN BXNK. 

Richard Roe has deposited in this bank, Five Hundred 
Dollars, payable to his own order, upon the return of this 
certificate properly endorsed. 

John Doe, Cashier 



Note — See "Promissory Notes" for statutory regulations regarding bank 
checks, etc. 



128 



OHIO FARM LAWS. 

VII. DRAFTS. 

Sight Draft. 



$200.00. 




Jacksonville, Fla., 


Feb. 1, 


1911. 


At sight 


pay 


to the order of the Collector's 


Bank, 


Two 


Hundred Dollars, 


and charge to the account of 










James McPherson 






To Chas 


C. 


Cruikshank, 








Columbus, Ohio. 







Time Draft. 



<jj>AV/\. 


,uV. 


Galveston, Texas 


, Dec. 20, 


1911. 




At ten days' sight 


pay to the First National Bank, 


One 


Hundred Dollars, and charge 


to our account. 












C. C. 


Douglas & Co. 




To Clark Simpson, 












New Orleans 


La. 









Accepted Draft. 



$212. Marion, . 


6 
U 


Ohio, Dec. 23, 1911. 


■t— i 
At ten days' sight pay S 


c3 


to Smith & Co., Bankers, 


Two Hundred and ^r 




Twenty Dollars, and 


cm 
charge to my account. 


O 03 




To A. A. Barkus & Co.,.p 


< 


Stephen Alexander. 


Columbus, Ohio. 


< 





BUSINESS FORMS. 129 

VIII. DEEDS, MORTGAGES AND LEASES. 

General Warranty Deed. 

Know all men by these presents, That A B and C B, husband and 

wife, of the county of , State of Ohio, in consideration of the 

sum of dollars ($ ), to them in hand paid 

by E F, of , receipt whereof is hereby acknowledged, have bar- 
gained and sold, and do hereby convey unto the said E F, his heirs and 

assigns forever, the following premises, situate in the county of 

state of Ohio, and in the township of , and bounded and de- 
scribed as follows. [Here give a description of the premises by metes 
and bounds. 1 

To have and to hold said premises, with the appurtenances thereof, 
unto the said E F, his heirs and assigns forever.f And the said A B and 
C B, for themselves and their heirs, do hereby covenant with said E F, 
his heirs and assigns, that they are lawfully seized of the premises afore- 
said; and that said premises are free from all incumbrances whatso- 
ever, and that they will warrant and defend the same, with the appurte- 
ances thereof unto the said E F, his heirs and assigns, against the lawful 
claim of all persons whomsoever. 

In testimony whereof, the said A B and C B, his wife, who hereby 

rdeases her right of dower, have hereunto set their hands this day 

©f , in the year of our Lord, one thousand nine hundred and .... 

Signed and acknowledged A B. 

in the presence of M N, C B. 

O P. 



State of Ohio, 
County 



.} 



ss. 



Be it remembered, that on this day, A. D. 191.., before 

me the subscriber a , in and for said county, personally came 

A. B and C B, grantors in the foregoing deed, and acknowledged the 
signing of the same to be their voluntary act and deed for the uses and 
purposes therein mentioned.' 

In witness whereof, I have hereunto subscribed my name and 
affixed my official seal, on the day and year last aforesaid. 

[Seal.] 

[Official character.] 

t If the premises are to be conveyed subject to mortgage, liens, taxes or incum- 
brance of any nature, then it should be so stated beginning at this point with the 
word "excepting" and continuing with a description of the incumbrance. 

9 0. F. L. 



130 OHIO FARM LAWS. 

Quit-claim Deed. 

Know all men by these presents, That we, A B and C B, husband and 

wife, in consideration of the sum of dollars, in hand paid by E F, 

do hereby remise, release and forever quit-claim unto the said E F, his 
heirs and assigns, forever, all our title, interest and estate, legal and 
equitable, in the following premises with the appurtenances thereof, 

situate in the of state of Ohio, and bounded and described 

as follows. [Here give a description of the premises.] 

To have and to hold said premises with all the privileges and ap- 
purtenances thereunto belonging to the said E F, his heirs and assigns 
forever. 

In witness whereof, The said A B and C B, his wife, who hereby 
releases her right of dower in the premises, have hereunto set their 

hands this day of in the year o four Lord, one thousand 

nine hundred and (191..). A B. 

Signed and acknowledged C B. 

in the presence of . G H. 

IK. 

Acknowledgment, same form as in warranty deed. 



Mortgage. 

Know all men by these presents, That AB and C B, his wife, of the 
of County of , state of Ohio, in con- 
sideration of the sum of dollars ($ ) to them paid by 

D E, of the , of county of state 

of Ohio, the receipt whereof is hereby acknowledged, do hereby grant, 
bargain, sell and convey to the said D E, his heirs and assigns forever, 

the following real estate, situate in the county of in the state 

of Ohio, and in the township of and bounded and described 

as follows : [Here describe the premises.] 

To have and to hold said premises, with all the privileges and ap- 
purtenances thereunto belonging to the said D E, his heirs and assigns 
forever. 

And the said A B and C B, for themselves and their heirs, do hereby 
covenant with said D E, his heirs and assigns, that they will forever 
warrant and defend the said premises, with the appurtenances, against 
the lawful claims of all persons whomsoever. 

Provided always, and these presents are upon this condition, that if 
the said A B and C B shall pay or cause to be paid unto said D E, or 
to his executors, administrators and assigns, their certain promissory note^ 

of even date herewith in the sum of dollars ($ ), 

bearing interest at the rate of .... per. centum per annum, payable annu- 
ally, and due in two years after date. 



BUSINESS FORMS. 131 

Then these presents shall be v«id, otherwise to be and remain in 
full forcd and effect in law forever. 

In witness whereof, The said A B and C B, his wife, who hereby 
releases her right of dower in the premises, have hereunto set their 
hands this day of in the year of our Lord one thou- 
sand nine hundred and .... (191..). A B. 
Signed and acknowledged C B. 
in the presence of G H. 

I K. 

Acknowledgment, same as in warranty deed. 

Chattel Mortgage. 

Know all men by these presents ; That A B of in consider- 
ation of the sum of dollars ($ ), to him paid by C D, 

of . ., receipt whereof is hereby acknowledged, does hereby 

bargain, sell and convey to said C D, the goods, chattels and property 
mentioned in the schedule below, said property being and remaining in 
the possession of said A B at Ohio, to-wit : 

[Here make a schedule or list of the property. If live stock de- 
scribe same.] 

Provided always, and these presents are upon this condition, that 

whereas said A B is indebted to said C D, in the sum of 

dollars ($ ), as evidenced by the promissory note of said A B 

of this date, payable "in nine months together with interest therdon at the 
rate of six per centum per annum. 

Now, if the said A B shall pay said note with interest when the same 
shall become due, then this conveyance to be void ; otherwise to be and 
remain in full force and effect. The said A B is to retain possession of 
said property unless he shall make default in the payment of said note 
in which event he shall re-deliver said property to the said C D, or, if 
from any cause 1 whatever the said C D shall at any time before said 
debt becomes due, deem it for his better security, he shall have the 
right to enter the premises of said A B or wherever said property may 
be located and take possession of the same, and sell the same, and apply 
the proceeds of such sale to the payment of said note and interest, pay- 
ing any surplus, if any, after the payment of said note and interest and 
the expenses attending such sale, to said A B, his heirs or assigns ; other- 
wise said property to remain in the peaceable possession of said A B. 

In witness whereof, The said A B, has hereunto set his hand this 
day of , 191.. 

[Signed.] C D. 

Before filing a chattel mortgage the mortgagee must make the follow- 
ing oath, to-wit : * 



132 OHIO FARM LAWS. 

Oath of Mortgagee. 

The State of Ohio, 

County, ss ' 

The undersigned makes oath and says that he is the mortgagee 
within named. That he, the said C D, has a valid subsisting debt 
and claim against the said A B within named, amounting to the sum of 
dollars ($ ), and the same is just, bona fide, and un- 
paid; and said mortgage is given to secure the same. 
' (Signed.) C. D. 

Sworn to and subscribed before me, this day of 

A. D. 191 . . 

a in and for 

county, Ohio. 

NOTE — ■ If the mortgage is given to indemnify the mortgagee, the statement 
or mortgagee's oath must be as follows: 

The State of Ohio, 
County, Sb ' 



The undersigned C D makes oath and says that he is the mortgagee 
within named; that on the day of , 191. ., he be- 
came surety for the within named A B on a certain [here describe the 
instrument as thus: Note executed by the said A B as principal, and 

the undersigned as surety, for the sum of dollars ($ ), 

dated the day of , 191 . . , and payable on the 

day of :..., 191..,] and he verily believes said claim is just and 

unpaid. And the undersigned further makes oath and says, that this 
mortgage is taken in good faith to indemnify him against any loss * that 
may arise from his said suretyship. (Signed.) C. D. 

Sworn to and subscribed before me this day of 

A. D. 191.. •. 

a in and for 

county, Ohio. 

Note — The mortgagee may make oath to his claim before a justice of the 
peace or a notary public. 

Lease of Farm for Money Rent. 

This agreement made and entered by and between A B, of 

and C D, of , witnesseth : 

That said A B in consideration of the sum of dollars 

($ ) to be paid as hereinafter stated, and the further covenants 

of C D, hereinafter mentioned, does hereby demise, grant, and to farm 

let unto said C D, his executors or administrators, from the day 

of , 191 .. , until the day of in the 

year 191.., the following described premises, to- wit: Situate in the 



BUSINESS FORMS. 133 

county of , in the state of Ohio, and in the township of 

, and being, etc. {Here describe the premises.) 

And the said C D, in consideration thereof, does hereby covenant 
and agree to pay said A B the said rent as follows, to-wit : {Here state 
the time or manner of payment of the rent, etc.) The said C D for 
himself and assigns, also covenants and agrees to keep said premises in 
as good repair as they are now in, casualties by fire and otherwise, ex- 
cepted ; to cultivate said premises in a good and husband-like manner; 
and quietly yield their possession to said A B, his heirs or assigns at 
the expiration of said term. 

In witness whereof said parties have hereunto set their hands this 
day of A. D. 191.. 

(Signed.) A. B. 

C. D. 
Lease to Cultivate Farm for Share of Crop. 

This agreement made this first day of February in the year 1911, 
by and between A B, party of the first part and C D, party of the second 
part, witnesseth : 

Said party of the first part has this day let unto said party of the 
second part {Here describe the farm, as, the Smith Road Farm, or, the 
Mosquito Creek Farm, one hundred acre farm, etc.) of the party of the 
first part, to occupy and cultivate during the year beginning March 1, 
1911 and ending February 28, 1912. 

Said party of the second part agrees to cultivate said farm in a 
good workmanlike manner, to keep the land free from weeds, haul out 
the manure, and keep the fences in good repair, the party of the first 
part to furnish the material therefor. Further, the said party of the 

second part agrees to deliver at for the party o'f the 

first part, the of all the grain and hay of said party of the 

first part, raised on the said farm, to-wit : {Here state what share of 
grain, hay, etc.) 

.The said parties mutually agree {Here put in agreements as to 
pasturage, wood privileges, etc., of both parties, if any such other privi- 
leges are given to either one or both of said parties.) 

This agreement shall take effect this day and possession of said 
premises, together with the dwelling house and all buildings thereon,' 
shall be given the said party of the second part on the first day of 
March, A. D. 1911. 

In witness whereof said parties have hereunto set their hands on 
the day and date first above written. A. B. 

Signed in the presence of C. D. 



Note — The matter of keeping down weeds, building fences and keeping same 
in repair, hauling out manure, furnishing of grass-seed and sowing of same, hay, 
fodder, pasture for horses, cattle and hogs; fire wood, etc., privileges and special 



134 OHIO FARM LAWS. 

matters are all things to be regulated by agreement and should be made a part »f 
the lease by writing in the agreement, whatever such agreement may be. See "Cot- 
enants" in chapter on "Landlord and Tenant." 

Common Form of Lease. 

This lease, made this first day of March, in the year 1911, between 
A B, party of the first part, and C D, party of the second part, wit- 
nesseth : 

That the said party of the first part, hereinafter called lessor, doth 
demise and let unto the said party of the second part, hereinafter called 
lessee, his personal representative and assigns, the dwelling house and 
land bounded and described as follows, to-wit: 

{Here describe premises and their intended use.) 

From the first day of March, 1911, for the term of three years next 
ensuing, and to expire on the 28th day of February, 1914, yielding there- 
for during the said term the rent of three hundred dollars ($300.00) 
yearly, payable as follows, namely: {Here insert terms of payment.) 

The said lessor covenants for the lessee the quiet enjoyment of said 
term, and that if the said buildings shall be so injured by fire as to 
render them untenantable, this lease shall be terminated. 

The said lessee covenants to pay the rent in the manner above 
stated ; that he will not assign without consent of lessor ; that he will 
leave the premises in good repair, necessary wear and tear excepted ; that 
the premises shall not be used during the said term for any other purpose 
than those above specified ; that at the expiration of the said term, namely 
on the 28th day of February, 1914, without notice requiring him so to do, 
he will deliver to said lessor, or assigns, quiet and peaceable possession 
of the said premises, and that the lessor may re-enter for default of ten 
days in the payment of any installment of rent, or for breach of any 
covenant herein contained. 

In witness whereof the parties herein have hereunto set their hand 

and seal, on the day and year above written. \ 

A. B. 

C. D. 
Notice to Leave Premises. 

A. B., Esq. : 

Dear Sir. — You will please take notice that I want you to leave 
the premises you now occupy, situate and described as follows : {Here 

give short description of premises), in township, {or 

if in town, give street and number, if any number) county, 

state of Ohio. 

Your compliance with this notice on or before tfie of 

191.., will prevent legal measures being taken by me t© 

obtain possession of said premises, agreeably to law. 

Yours respectfully, CD. 

Date 191.. 



BUSINESS FORMS. 135 



IX. GUARANTY. 

Guaranty of Payment for Goods Sold to Another. 

Tt Richard Roe & Co., 

Columbus, Ohio. 
Dear Sirs : — I hereby guarantee payment to you for all goods 
which you may sell to A B, to the amount of one hundred dollars 
($100.00.) 

Dated this 12th day of July, 1911. 

Yours very truly, 

C. D. 
Notice of Acceptance of Guaranty. 
To C. D., 

City. 
Dear Sir: — We here-by notify you that we have this day accepted 
your guaranty on behalf of A. B., and will sell him goods in accord- 
ance with the terms of said guaranty. 

Yours truly, 

Richard Roe & Co. 

Guaranty in Sale of Horse. 

Columbus, Ohio, July 12, 1911. 
In consideration of one hundred and fifty dollars ($150.00) to me 
paid by A. B. for a bay mare, named Topsy, I hereby guarantee to 
the said A. B. that the said mare is only seven years old, sound ia 
all respects, free from all kinds of viciousness, and quiet to work or 
drive. 

C. D. 
Guaranty of Rent, Indorsed on Lease. 

In consideration of the making of the within written lease, I do 
hereby covenant and agree with the within named lessor, his heirs, exe- 
cutors, administrators, and assigns, that if default shall at any time be 
made by the said lessee, his executors, administrators, and assigns, in. 
the payment of the rent or the performance of the covenants in the 
within lease contained, on his or their part to be paid and performed, 
that 1 will well and truly pay the said rent, or any arrears thereof, 
tliat may remain due, and also all damages that may arise in conse- 
quence of the non-performance of said covenants, or either of them, 
without requiring notice of any such default from the said lessor or 
other person having his estate in said premises. 

Witness my hand and seal this 12th day of July, 1911. 

C. D. 



136 OHIO FARM LAWS. 

X. INDORSEMENT. 

Indorsement is a writing .on the back of a note, check, bill, draft 
or other written instrument. The kinds of indorsement are, Blank, 
Full, Qualified, Restrictive, and Conditional. The purpose of an in- 
dorsement may be to transfer the instrument, record a payment made 
thereon, or to guarantee the payment thereof, or for any other purpose 
where the intent of the parties with reference to an instrument may 
be made clear by a writing upon the back of the instrument. The 
following forms will serve to illustrate: 

Indorsement in Blank. 

Jeremiah C. Alexander. 

Indorsement in Full. 

Pay to the order of Samuel J. Penfield. 

Jeremiah C. Alexander. 

Qualified, or Without Recourse. 

Pay to Samuel J. Penfield, or order, without recourse on me. 

Jeremiah C. Alexander. 

Restrictive Indorsement. 

Pay to Samuel J. Penfield only {or, for my use). 

Jeremiah C. Alexander. 

Conditional Indorsement. 

Pay to Samuel J. Penfield, or order, unless notice is given by me, 

before maturity, not to pay. ■ ■ 

Jeremiah C. Alexander. 

Money Indorsement. 

Paid on the within note, June 26th, 1911, Fifty Dollars ($50.00). 

Jeremiah C. Alexander. 

Indorsement by Agent. 

Jeremiah C. Alexander. 
By J. C. Smith, Agent. 

Indorsement of Guaranty. 

For value received, I hereby guarantee the payment of the within 
note. Jeremiah C. Alexander. 



'BUSINESS FORMS. 137 

Indorsement of Assignment or Transfer. 

For value received, I hereby sell, assign and transfer all of my 
right, title and interest in and to the within account (or note, as the 
case may be) to Samuel J. Penfield. 

Jeremiah C. Alexander. 



XL ORDERS. 



For Payment of Money. 

$26.00. Jamestown, Ohio, July 15, 1911. 

Jamels Cleary, Esq. : 

Dear Sir : Please pay to the Brown Grocery Co., the sum of 
Twenty-six Dollars, and charge to my account. 

Very truly, 

J. M. Blake. 
To Furnish Goods to Another. 

Youngstown, Ohio, July 15, 1911. 
People's Clothing Co. : . 

Gentlemen : Please let the bearer, John Smith, have a suit of 
clothes and such other articles of clothing as he may wish to pur- 
chase ; the total amount not to exceed Twenty-five Dollars, and I will 
pay you. 

Very truly, 

J. M. Blake. 
Another Form for Same Purpose. 

Youngstown, Ohio, July 15, 1911. 
People's Clothing Co.: 

Gentlemen : Please let the bearer, John Smith, have clothing to 
the amount of Twenty-five Dollars, and charge to my account. 

Very truly, 

J. M. Blake. 

For Delivery of Fruit Trees. 

Zanesville, Ohio, October 1, 1911. 
John Kraner, Esq., x Agt. Painesville Nurseries : 

Dear Sir : Please deliver the fruit trees "ordered by me, to the 
bearer, James Masters, who will pay you the sum of Fourteen Dollars 
due for same. 

Yours truly, 

H. C. Wells. 



138 OHIO FARM LAWS. 

For Delivery of. Hogs. 

Urbana, Ohio, November 2, 1911. 
Samuel Schwenker, Esq. : , 

Dear t SiR: Please deliver the twenty-seven head of hogs, whick 
I purchased of you last week, to the bearer, Amos Whitman, and bring 
weights to me for settlement, and oblige, 

William Stockman. 

For Delivery of Tobacco. 

Batavia, Ohio, May 6, 1911. 
Herman Strader, Esq. : 

Dear Sir : Please ship tobacco, which I recently purchased of you, 
to Merchant & Co., Cincinnati, Ohio, not later than May 15th, and oblige. 

Yours truly, 

A. L. BOUGHTMAN. 



XII. PROMISSORY NOTES. 

Negotiable Note. 

$100.00. Columbus, Ohio, January 10, 1911. 

One year after date I promise to pay Richard Roland, or order, 
One Hundred Dollars, with 6% interest per annum from date; value 
received. 

Richard Mansfield. 

Negotiable and Payable in Bank. 

$500.00. Washington C. H., Ohio, Jan. 1,' 1911. 

Sixty days after date I promise to pay Robert Sheldon, or order, 
Five Hundred Dollars, at the Central City Bank, with interest at 6% 
per annum from date; value received. 

Richard Mansfiel*. 

Note not Negotiable. 

$200.00. Toledo, Ohio, June 10, 1911. 

One year after date I promise to pay Richard Roe, Two Hundred 
Dollars with interest at 5% .per annum from date ; value received. 

John Doe. 



BUSINESS FORMS. 139 

Note with Legal Interest from Date. 

$700.00. Greenville, Ohio, April 30, 1911. 

One year after date I promise to pay William Buck, or order, 
Seven Hundred Dollars, with interest from date; value received. 

James Quigley. 

Note Bearing Legal Interest from Maturity. 

$100.00. Van Wert, Ohio, June 10, 1911. 

Three months after date I promise to pay Richard Roe, or order, 
One Hundred Dollars; value received. 

John Doe. 

Note Payable on Demand. 

$100.00. Paulding, Ohio, Feb. 1, 1911. 

On demand I promise to pay Richard Roe, or order, One Hundred 
Dollars, with interest at 6% per annum; value received. 

John Doe. 

Note with Surety. 

$100.00. Nafoleon, Ohio, March 1, 1911. 

Nine months after date, we, Richard Roe as principal, and John 
Doe as surety, promise to pay Thomas Benton, or order, One Hundred 
Dollars, with 5% interest per annum; value received. 

Richard Roe, Principal, 
. John Doe, Surely. 

Joint Note. 

$100.00, Bryan, Ohio, April 22, 1911. 

Six months after date, we promise to pay Robert Sheldon, or order, 
One Hundred Dollars, with interest at 6% per annum; value received. 

Richard Mansfield, 
Thomas Benton. 

Joint and Several Note. 

$400.00. Wauseon, Ohio, January 1, 1911. 

One year after date*, we, or either of us,- promise to pay Robert 

Sheldon, or order, Four Hundred Dollars, with 6% interest from date; 

value received. 

Richard- Mansfield, 
Thomas Benton. 



140 OHIO FARM LAWS. 

Chattel Note, or, Note Payable in Specific Articles. 

$200.00. Bowling Green, Ohio, Feb. 22, 1911. 

On demand I promise to pay Richard Roe, at my farm, two Hun- 
dred Dollars in corn at the market price when demand is made; value 
received. 

John Doe. 

Note, When Maker Cannot Write. 

$100.00. Findlay, Ohio, September 15, 1911. 

One year after date I promise to pay Russell Worthington, or 
order, the sum of One Hundred Dollars, with interest at 6% per annum. 

his 
Signed in the presence of : James X Smithson. 

Joseph Lowden. 

mark 

Note for Work and Labor. 

$45.00. Bellefontaine, Ohio, Jan. 1, 1911. 

Three months after date I promise to pay Edward Day, or order, 
Forty-five Dollars, with interest at 6% per annum; value received in 
work and labor performed by him. 

Richard Roe. 

Due Bill. 

$28.00. Sidney, Ohio, February 8, 1911. 

Due Richard Roe, Twenty-eight Dollars; value received. 

John Doe. 

Due Bill Payable in Produce. 

$16.00. Wapakoneta, Ohio, Feb. 15, 1911. 

Due Robert Sheldon, Sixteen Dollars, to be paid in hay or oats" 
at my farm at market price. 

Richard Mansfield, 

Note with CollateralSecuri ty. 

$500.00. Cincinnati, Ohio, August 5, 1911. 

Six months after date, I promise to pay to the order of the Ohio 
River Bank, of said city, Five Hundred Dollars, with interest at 6% 
per annum; value received. 

As collateral security for the payment of the same, I have this 
day pledged to the said Ohio River Bank, or holder hereof, the follow- 
ing property, to-wit : Five shards of the capital stock of the Southern 



BUSINESS FORMS. 141 

Trading Company. And I hereby give the holder thereof full power 
and authority to sell or collect at my expense, all or any part or portion 
thereof, at any place, dither in the city of Louisville or elsewhere, at 
public or private sale, at its option, on the non-performance of the above 
promise, and at any time thereafter, and without advertising the same, 
or otherwise giving me any notice. In case of public sale, the holder 
may purchase without being liable to account for more than the net 
proceeds of said sale.* 

Judgment Note. 

$200.00. Columbus, Ohio, December 2, 1911. 

Ninety days after date, I (or we, jointly and severally) promise to 
Pay Richard Doe, or order, at the Capital Post Bank, Two Hundred 
Dollars, with interest at 5% per dnnum; value received. 

And I do hereby authorize any attorney-at-law to appear for me 
in an action on the above note, at any time after the same becomes due 
in any court of record in the State of Ohio, waive the issuing and 
service of process (summons) against me, and confess judgment in 
favor of the legal holder of the above note against me, for the amount 

that may be due thereon, with costs of the suit (including 

dollars attorney's fee, if agreed), and to waive and release all errors 
in said proceedings and petitions in error and right to second trial. 

John Doe. 
Swindling Note. 

Columbus, Ohio, February 15, 1911. 
Six months after date I promise to pay to John Doe, or bearer, ten dollars when I sell by 
order two hundred and sixty-five dollars [$265.00] worth of Patent butter Churns, 
for value received, at seven per centum per annum. Said ten dollars when due is 
payable at Columbus, Ohio. Simon Gullible. Agent for John Doe. 

Note — 3y cutting off the right hand end of the above agreement, Doe has the 
note of Gullible without conditions. * The note will then be sold to a third party 
who will proceed to collect it when due. 

The following, in addition to other provisions, were enacted April 
17, 1902, and went into effect January 1, 1903, with reference to promis- 
sory notes, checks, drafts, bills of exchange, etc. 

Promissory note defined: A negotiable promissory note within 
the meaning of this chapter is an unconditional promise in writing 
made by one person to another, signed by the maker, engaging to pay. on 
demand, or at a fixed or determinable future time, a sum certain in 
money to order or to bearer. Where a note is drawn to the maker's 
own order, it is not complete until indorsed by him. [8289] 

Check defined: A check is a bill of -exchange drawn on a bank 
payable on demand. Except as herein otherwise provided, the provisions 
of this chapter applicable to a bill of exchange payable on demand apply 
to a check. [8290] * 



142 



OHIO FARM LAWS. 



Within what time a check must be presented: A check must be 
presented for payment within a reasonable time after its issue or the 
drawer will be discharged from liability thereon to the extent of the 
loss caused by the delay. [8291] 

Certification of check; effect of: Where a check is certified by 
the bank on which' it is drawn, the certification is equivalent to an 
acceptance. [8292] 

Effect where the holder of check procures it to be certified: 

Where the holder of a check procures it to be accepted or certified, the 
drawer and all indorsers are dicharged from liability thereon. [8293] 
Where check operates as an assignment: A check of itself does 
not operate as an assignment of any part of the funds to the credit 
of the drawer with the bank, and the bank is not liable to the holder 
unless and until it accepts or certifies the check. [8294] 

Definitions and meaning of terms: "Acceptance" means an ac- 
ceptance completed by delivery or notification; 

"Action" includes counter-claim and set-off; 

"Bank" includes any person or association of persons carrying on 
the business of banking whether incorporated or not; 

"Bearer" means the person in possession of a bill or note which 
is payable to bearer; 

"Bill" means a bill of exchange, and "Note" means negotiable 
promissory note; 

"Delivery" means transfer of possession, actual or constructive, 
from one person to another; 

"Holder" means the payee or indorsee of a bill or note, who is 
in possession of it, or the bearer thereof; 

"Indorsement" means an indorsement completed by delivery ; 

"Instrument" means negotiable instrument; 

"Issue" means the first delivery of the instrument, complete in 
form, to a person who takes it as a holder ; 

"Person" includes a body of persons, whether incorporated or not; ' 

"Value" means valuable consideration ; 

"Written" includes printed and "writing" includes print. [8295] 

Person primarily liable on instrument: The person "primarily" 
liable on an instrument is the person who by the terms of the instrument 
is absolutely required to pay the same. All other parties are "second- 
arily" liable. [8296] 

Reasonable time; what constitutes: In determining what is a 
"reasonable" time or an "unreasonable time" regard is to be had to the 
nature of the instrument, the usage of trade or business (if any), with 
respect to such instruments, and the facts of the particular case. [8297] 

Time; how computed; when last day falls on Sunday or holiday: 
Where the day or the last day for doing any act herein required or 



BUSINESS FORMS. 143 

permitted to be done, falls on Sunday, or on a holiday, the act may be 
done on the next succeeding secular or business day. [8298] 

Application of chapter: The provisions of this chapter do not 
apply to negotiable instruments made and delivered prior to the taking 
effect hereof. 

Law merchant; when governs: In any case not provided for in 
this chapter, the rules of the law merchant shall govern. [8299] 
Holidays : See chapter on "Time." 

Note given for patent right, how to be written: A promissory 
note, or other negotiable instrument, the consideration for which con- 
sists in whole or in part, of the right to make, use, or vend a patented 
invention, or an invention claimed to be patented, shall have written or 
printed prominently and legibly, across the face thereof, and above the 
signature thereto, the words "Given for a patent right" ; such instrument 
in the hands of any purchaser or holder, shall be subject to the same 
defenses as it would be in the hands of the original owner or holder ; 
and any person who purchases or becomes the holder ,of a promissory 
note, or other negotiable instrument, knowing it to have been given for 
the consideration aforesaid, shall hold the same subject to such defenses, 
although the words "given for a patent right" are not written or printed 
upon its face. [8302] 

Taking or selling note for patent right: Whoever takes, pur- 
chases, sells, or transfers any promissory note, or other negotiable instru- 
ment, not having the words "Given for a patent right" written or printed 
legibly and prominently on the face of such note or instrument above 
the signature thereto, knowing the consideration of such note or other 
instrument to consist, in whole or in part, of the right to make, use, or 
vend any patented invention, or invention claimed to be patented, shall 
be fined in any sum not more than five hundred dollars, or imprisoned 
not more than forty days, or both. [13149] 



XIII. RECEIPTS. 



Receipt on Account. 

$14.00. Columbus, Ohio, February 24, 1911. 

Received of Wm. Sheldon, Fourteen Dollars to be applied on 
account. Jno. Mansfield. 

Receipt in Full of Account. 

$84.00. Columbus, Ohio, February 28, 1911. 

Received for Wm. Sheldon, Eighty-four Dollars in full of account 
of money due for wood. 

Jno. Mansfield. 



144 OHIO FARM LAWS. 

In Full of all Demands. 

$300.00. Columbus/ Ohio, March 1, 1911. 

Received of James Johnson, Three Hundred Dollars in full of all 
demands. 

Clarke Woodson. 
Receipt for Rent. 

$15.00. West Jefferson, Ohio, Feb. 15, 1911. 

Received of Herman Ford, Fifteen Dollars in full payment of rent 
to February 1st, 1911, for residence at No. 66 Wicker street. 

Simon Leeland. 

Receipt of Payment on a Note. 

(Must be indorsed on note.) 
January 6th, 1911, received on the within note Fifty Dollars ($50.00.) 

Receipt to Third Party. 

$80.00. London, Ohio, Jan. 6, 1911. 

Received of Harrison Hanford by the hand of Samuel Haynor, 
Eighty Dollars, in full settlement of the account of said Hanford. 

Hugh Hubbardson. 

Receipts for Papers, Etc. 

Delaware, Ohio, March 1, 1911. 
Received of Heber Tolman, two bonds of the State Traction Co., 
of $100 each, and one promissory note of $200, dated August 1st, 1910, 
and signed by Joseph Meier ; said property to be re-delivered to said 
Heber Tolman on demand. Robert Sherman. 



XIV. WILLS. 

See Chapter on Wills. 



CHAPTER 31. 

Business Letters. 
Letter of Introduction. 

Cincinnati, Ohio, June 1, 1911. 

David Parker, Esq., Halsey P. O., Ohio: 

Dear Sir : I have the pleasure of introducing to you my friend, 
Mr. B. M. Harris, of this city. He intends visiting your community 
in a few days on business matters, and will call on you, at my suggestion. 
Any favors you may show him will be highly appreciated by him as wel/ 
as myself. 

Yours very truly, 

H. E. Benjamin. 

Another Form. 

Halsey P. O., Ohio, June 1, 1911. 

H. E. Benjamin, Esq., Cincinnati, Ohio: 

Dear Sir: Permit me to introduce to you Mr. B. M. Harris, a 
prominent farmer and stockraiser in this locality. He will visit Cin- 
cinnati for the transaction of some business. As he will be a stranger 
there I feel that you can give him information that will be valuable to 
him. Any courtesies you may show him will be fully appreciated by 
him and myself. 

Yours truly, 

David Parker. 

Inquiry as to Responsibility. 

Cincinnati, Ohio, June 1, 1911. 

David Parker, Esq., Halsey P. O., Ohio: 

Dear Sir : We have an order for one of our machines from John 
Doe, a farmer residing in your neighborhood. As he asks for credit 
as to part payment of the purchase price of the. machine, we desire to 
inquire of you as to his financial responsibility, etc. We assure you that 
all information given us will be treated in a strictly confidential manner. 
Please send us the, desired information at once and greatly oblige, 

Yours truly, 

Qujeen City Co. 
10 0. f. l. (145) 



146 OHIO FARM LAWS. 

Favorable Answer. 

Halsey P. O., Ohio. Tune 3, 1911. 
Queen City Co., Cincinnati, Ohio: 

Gentlemen: Your favor of the 1st inst. with reference to John 
Doe is at hand. In answer thereto I wish ,to say that Mr. Doe has 
a very high credit at home, pays his obligations promptly and has the 
means of meeting any debt which he may contract for a machine. 

Yours truly, 

David Parker. 

Unfavorable Answer. 

Halsey P. O., Ohio, June 3, 1911. 
Queen City Co., Cincinnati, Ohio: 

Gentlemen : Yours of the 1st inst. regarding John Doe received. 
In answer I will say that Mr. Doe for some time back has been ask- 
ing extensions on his obligations, and, while 1 apparently honest, is not 
credited by" business men who know him, with having either the means 
or ability to pay promptly. He is not regarded as a good risk. 

Yours confidentially, 

David Parker. 

Letter to Insurance Company, Announcing Loss by Firei 

Lima, Ohio, February 10, 1911. 
John Doe, Esq., Agent Aetna Fire Insurance Co., Cincinnati, Ohio: 

Dear Sir : The barn located on my premises which I insured in 
the Aetna Fire Insurance Company through you on September 10, 1910, 
for $800, was destroyed by fire Sunday, February 9, 1911. The number 
of the policy is 127181. Please come and view the premises and adjust 
the matter as soon as possible, and oblige, 

Yours respectfully, 

Richard Roe. 

Letter to Agricultural Experiment Station. 

Troy, Ohio, February 18, 1911. 
Superintendent Agricultural Experiment Station, Wooster, Ohio: 

Dear Sir : Will you please put me on the mailing list to receive 
your monthly bulletins and such other matter issued by you as will 
be of benefit to me. 

Yours truly, 

John Farmer. 



BUSINESS LETTERS. 147 

Letter to State Representative, or Senator. 

Piqua, Ohio, February 15, 1911. 
Hon. Simon Blank, Representative, Columbus, Ohio: 

Dear Sir : I have been informed that Mr. member 

from , has introduced a bill to {Here state the 

object of the' bill.) 

Will you kindly procure a copy of the bill and forward same to me, 
as I wish to examine) its provisions. My information leads me to be- 
lieve that {Here say it is a meritorious measure, or, is not a meritorious 
measure). I would be pleased to have your opinion on the merits of the 
said measure. Yours truly, 

H. K. Lu ken's. 

Letter to Congressman. 

Dayton, Ohio, May 1, 1911. 
Hon. Richard Roe, M. C, Washington, D. C: 

Dear Sir : As one of your constituents I write to ask that you pro- 
cure for me the last report of the Secretary of Agriculture, which I want 
for the discussion it contains on the diseases of cattle and swine. I wish, 
also, that you place me on your mailing list, and the mailing lists in 
such government departments as will secure me all the agricultural 
reports, etc., that are for distribution to the people and which will be 
of benefit to me in my occupation of farming. I will be under many 
obligations to you for the above favors. 

Yours truly, John Doe. 



Letter to Township or County Officers, Regarding Stock Running 

at Large. 

Eaton, Ohio, June 22, 1911. 

To the Honorable Board of Trustees, Township: 

Gentlemen : About twenty head of live stock are running at large 
on the public highway in this vicinity, much to the annoyance of myself 
and others, and to the great damage of young trees planted along the 
roads and growing crops in adjoining fields. Please take such measures 
at once as will abate this great nuisance and save further destruction of 
property. Yours truly, 

A. B. 



148 OHIO FARM LAWS. 

Regarding Breachy Stock. 



Harrisburg, Ohio, June 15, 1911. 
John Doe, Esq.: 

Dear Sir: Your cattle have been in my wheat and my corn within 
the past week, doing considerable damage in the former. As I have 
taken all reasonable precautions to put the fences in good repair without 
effect, I am obliged to ask you to use such means as will keep your 
cattle out of my crops. Please give this matter your immediate attention 
and oblige. Yours truly, 

Richard Roe. 



Regarding Diseased Stock. 

. Marysville, Ohio, May 15, 1911. 



John Doe, Esq. 



Dear Sir: I wish to caution you not let your sheep, which are 
infected with both grub and foot-rot, run out on the public road again 
until said diseases have been cured or the sheep disposed of. I am obliged 
to take my sheep over the same road, and should they become infected 
with either of those diseases I would be compelled to look to you for 
damages. I want to avoid all matters of that nature and the loss which 
would result to both of us. Therefore, I offer the above suggestion. 

Yours truly, 

Richard Roe, 



Regarding Repair of Line Fence. 

Newark, Ohio, March 30, 1911. 



John Doe, Esq.: 



Dear Sir : As I want to put stock on my pasture as soon as the 
season opens I hope you will repair your part of the line fence between 
us, which is much out of condition and will not turn stock. I have al- 
ready repaired my part and trust you will attend to yours by April 15th. 

Yours truly, 

Richard Roe. 



John Doe, Esq 



BUSINESS LETTERS. 149 

Regarding Cleaning Joint Open Ditch. 

Zanesville, Ohio, April 1, 1911. 



Dear Sir : I am ready to clean out the portion of the ditch assigned 
to me, but it is useless to begin the work until you clean your part below 
me, as the upper part will fill up at once unless the lower sections are 
cleaned first. Please do the work assigned to you as soon as possible and 
greatly oblige. Yours truly, 

Richard Roe. 



Announcing Financial Embarrassment, and Asking Extension of 
Time for Payment of Obligation. 

Cambridge, Ohio, October 1, 1911. 
Harmon & Co., Chicago, III: 

Gentlemen : On account of failure of my wheat crop this season 
and later, the loss of thirty head of fat hogs by cholera, I find myself 
unable to pay my debts, and among them, the one of $115.00 owing you 
for machinery. While extremely embarrassing to me to do so, I am com- 
pelled, because of said losses which I have sustained, to ask you and all 
others to whom I am indebted to wait until next season for payment. 
My corn crop is all that I have left and it will not more than pay my rent 
and carry me through to next harvest. Under these circumstances, I hope 
you will arrange to extend me at least ten months further time. I am 
willing to pay interest during extension, and will endeavor to discharge 
the obligation promptly at the end of the period. Hoping for a favorable 
response, I am - Yours truly, 

Richard Roe. 

Answer to Above. 

Chicago, III., October 5, 1911. 
Richard Roe, Cambridge, Ohio: 

Dear Sir: Your favor of the 1st inst. received. In answer thereto 
we will say that while we were fully expecting payment of the amount 
you owe us, we are willing to assist you in your exceedingly unfortu- 
nate condition. As we cannot make use of over-due paper, we ask that 
you take up the old note with a new one covering time of extension 
for payment. One of our traveling representatives will be in your locality 
within a few days, and will come to see you and arrange the matter 
with you. Yours truly, 

Harmon & Co. 



150 OHIO FARM LAWS. 

Notices Regarding Note About to Fall Due. 

Lancaster, Ohio, October 1, 1911. 
John Doe, Esq.: 

Dear Str: Your note of $150 will become due October 15, 1911. 
Please pay the same promptly and oblige. 

Yours truly, 

Richard Roe. 



Lancaster, Ohio, March 1, 1911. 
Joseph Rogers, Esq., Bucyrus, Ohio: 

Dear Sir: Regarding your note which is now seven months past 
due, and which I have been holding for your accommodation, I am obliged 
to ask that you make payment within the next ten days. Please be ready- 
to take up the note within that time and greatly oblige. 

Yours truly, 

Richard Roe. 



Apology for Delay in Payment of Note. 

Lancaster, Ohio, March 3, 1911. 
Richard Roe, Esq.: 

Dear. Sir: I regret deeply that I have not been able to meet my 
obligations promptly, but the circumstances causing delay were not within 
my control. I am now regaining lost ground, however, and will pay 
your note within the time specified by you. Inclosed find my check for 
$50 as a partial payment. The balance will be paid promptly according 
to request. 

Yours truly, 

John Doe. 

Requesting Payment of Rent of House. 

Mt. Vernon, Ohio, February 3, 1911. 
Mr. John Doe: 

Dear Sir: The monthly rent of ten dollars for the month of Janu- 
ary for the use of the house you are now occupying is due at the present 
time. Please forward .that amount to me as soon as possible that we 
may keep the account in accordance with our agreement. 

Yours truly, 

Richard Roe. 



BUSINESS LETTERS. 151 

Tenant to Landlord, Requesting Extension of Time to Pay Rent. 

Upper Sandusky, Ohio, September 1, 1911. 
John Doe, Esq.: 

Dear Sir: Because of very unfortunate circumstances surrounding 
me and of which you already have knowledge, I will not be able to pay 
this year's rent when the same falls due October 1st, next, but I have 
arrangements completed to make payment in full on or before January 
1st, 1912. Trusting that you will be able to afford me this accommoda- 
tion, I am, 

Yours truly, 

Richard Roe. 



Answer of Landlord to the Foregoing Request. 

Upper Sandusky, Ohio, September 3, 1911. 
Richard Roe, Esq.: 

Dear Sir: Yours of September 1st, received. I am fully aware of 
your reasons for desiring more time for payment of rent, and I wish to 
assure you, without delay, that it affords me much satisfaction to grant 
your request, since you have always been prompt heretofore in your pay- 
ments. Hoping that your plans will mature as you have laid them, I am 

Yours truly, 

■ John Doe. 



Refusal of Tenant to Pay Rent. 

Wooster, Ohio, September 1, 1911. 



John Doe, Esq.: 



Dear Sir: On account of your failure to repair ditches and under- 
drairis as you agreed when I took your farm, I suffered great loss from 
the spring freshets. As it was through your neglect that my loss oc- 
curred I do not feel under obligation to comply with your request for 
the payment of rent. You understand the situation I am in, therefore I 
wish to say that further demand upon me will be useless. 

Yours respectfully, 

Richard Roe. 



152 



OHIO FARM LAWS. 



Letter Requesting a Loan of Money. 

Millersburg, Ohio, January 15, 1911. 
John Doe, Esq., Massillon, Ohio: 

Dear Sir: On account of some extraordinary expenses entailed 
upon me by reason of turnpike assessment, etc., I am obliged to procure 
a loan of $100 until after harvest. If you have that amount at your 
disposal, I would be pleased to have it for eight months. I am willing 
to pay 7% interest and give you good security. An early reply will be 
appreciated. 

Yours truly, 
, Richard Roe. 



Favorable Answer. 

Massillon, Ohio, January 16, 1911. 
Richard Roe, Esq., Miller sburg, Ohio: 

Dear Sir : Yours of yesterday received. In answer I wish to say 
that I have the money and will accommodate you any day you may come 
over. 

Yours truly, 

John Doe. 

Unfavorable Answer. 

Massillon, Ohio, January 16, 1911. 
Richard Roe, Esq., Millersburg, Ohio: 

Dear Sir : Yours of yesterday received. In answer thereto I wish 
to say that I would be pleased to accommodate you, but on account of 
failure in payment of money owing me I am not now in a position to 
spare the amount you need. I trust you will not have difficulty in pro- 
curing it elsewhere. 

Yours very truly, 

John Doe. 

Letter to Tenant Advising Certain Crops. 

Medina, Ohio, March 1, 1911. 
John Doe, Esq.: 

Dear Sir : Regarding the spring crops, I would suggest that you 
put all of the lower field in corn, excepting about four acres on tr^e 



BUSINESS LETTERS. 153 

south side, which I think should be sowed in oats. You will remember 
that we discussed this matter a couple of months ago, but did not arrive 
at any definite conclusion as to this one field. I will not come out to 
the farm until May 1, therefore I am obliged to make the above sug- 
gestion by letter. Hoping that you may view this matter as I do, a&d 
wishing you success with your work, etc., I am 

Very truly, 

Richard Roe. 



Letter to a Prospective Tenant for Farm. 

Ashland, Ohio, March 1, 1911. 
Dear Sir: I am informed that you intend leaving the farm where 
you are now living and that you want to rent another. If my informa- 
tion is correct and you have not yet secured another place, I would be 
pleased to have you come to see me at once with reference to taking 
my farm of one hundred and twenty acres, one mile south of this village. 
If you can not come, please telephone me tomorrow evening at my 
expense. 

Yours truly, 

Samuel Haskins. 



Letter to Farm Hand. 

New Lexington, Ohio, February 1, 1911. 
John Doe, Esq.: 

Dear Sir: If you are not yet engaged for the season please call 
and see me this week or the first of next. I am willing to pay you 
eighteen dollars per month and board and washing for nine months, 
beginning March 1st next. Please come or write, informing me whether 
the above terms will be satisfactory. I am ready to enter into a written 
agreement any day you may come. 

Yours truly, 

Richard Roe. 



Application for Employment as Farm Hand. 

Mt. Gilead, Ohio, February 1, 1911. 
John Doe, Esq.: 

Dear Sir: If you have not yet employed any one to work for'you 
on your farm during the coming season I would be pleased to call and 



* 154 OHIO FARM LAWS. 

see you with reference to securing the place. I can furnish the best of 
recommendations, etc. Hoping to hear from you at your earliest con- 
venience, I am 

Yours truly, 

John Day. 

Recommending a Farm Hand. 

London, Ohio, February 18, 1911. 
To Whom it May Concern:' 

This is 'to state that John Doe has been working with me on my 
farm for the past three years. During that time he has always been 
industrious and willing to work. He is careful and can at all times be 
trusted fully. Any additional information will be given on inquiry. 

Yours respectfully, 

R. M. Cole. 

Application for Position as Domestic. 

Kenton, Ohio, February 15, 1911 
Mrs. A. King: 

Dear Madam: If you are in need of assistance in your house 
work, I would be pleased to have you give me a trial. I have had five 
years' experience and can take fuil charge, including cooking, if occa- 
sion should require. I have the best of reference and am idle now 
only because of my former employer, Mrs. B. having moved to New 
York, as you well know. 

Please may I hear from you at once or within a day or two at 
farthest, and greatly oblige. 

Yours very truly, 

Miss Carrie Christie. 

Requesting Reference, etc.- 

, ' Hilliards, Ohio, February 20, 1911. 

Mr. John Doe, Columbus, Ohio: 

'Dear Sir: I have your letter at hand requesting employment with 
me during the winter. I am in need of a young man this winter to care 
for the stock. As we have had no previous relations I would be pleased 
to have you send me a letter of recommendation from your former em- 
ployer and any other reference you may have. 

Yours truly, 

Richar® Roe. 



BUSINESS LETTERS. 155 

Letter Recommending a Gardener. 

Columbus, Ohio, March 1, 1911. 
To Whom it May Concern: 

I have had Mr. James Blucher in charge of my gardens for the 
past four seasons, but having now given up said gardens, Mr. Blucher 
will seek employment elsewhere. In severing relations with him I wish 
to say on his behalf that he is an honorable man and a gentleman, and 
has no superiors and few equals in his occupation of chief gardener. 
Any one wishing to employ him, may, if more information^ regarding him 
is desired, call and see me, or write to me for further particulars. 

Respectfully, 

James Kingsley. 

Recommending a Farm Tenant. 

Troy, Ohio, February 30, 1911. 
To Whom it May Concern: 

This is to certify that the bearer, Richard Roe, has been a tenant 
on my farm during the last three years. He is a man of industrious 
habits and understands the management of a farm so as to make it 
most productive. Any additional information regarding Mr. Roe will 
be given on inquiry. 

Yours respectfully, . 

John Doe. 

Inquiry for a Reliable Commission Merchant. 

Hillsboro, Ohio, September 15, 1911. 
Queen City National Bank, Cincinnati, Ohio: 

Gentlemen : Will you please send me the name of a reliable firm 
of commission merchants, handling fruits, vegetables, etc., in Cincinnati, 
and greatly oblige. 

Stamp inclosed for reply. Yours truly, 

. Richard Roe. 

Inquiry Concerning Price of Potatoes. 

Hillsboro, Ohio, October 1, 1911. 
John Doe & <?o., Commission Merchants, Cincinnati, Ohio: 

Gentlemen: Please quote me your best prices for good potatoes 
(Early Ohio) and oblige. I have about 150 bushels myself, and can 



156 OHIO FARM LAWS. 

get enough to make a car load. If prices suit, I will make a shipment 
by the 10th of the month. Awaiting an early reply, I am 

Yours truly, 

Richard Roe. 
P. S. — You are recommended to me by the Queen City National 
Bank. 

Letter Announcing Intent to Ship Potatoes. 

Hillsboro, Ohio, October 4, 1911. 
John Doe & Co., Cincinnati, Ohio: 

Gentlemen: Your quotation of 65 cents per bushel for potatoes 
delivered in Cincinnati received. As you also announce that the market 
is improving, I will ship you a car load by the 10th and will sell on 



the market at that date. 



Yours truly, 

Richard Roe. 



Announcing Shipment of Potatoes. 

Hillsboro, Ohio, October 10, 1911. 

John Doe & Co., Cincinnati, Ohio: 

Gentlemen : I have this day shipped you one car load of good 
potatoes (Early Ohio) via B. & O. Ry. They will probably arrive in 
Cincinnati tomorrow. Please sell them to best advantage and 'remit, less 
freight and your commission. Find bill of lading inclosed. 

Hoping that the markets are up, I will await returns from you. 

Yours truly, 



Richard Roe. 



Letter of Credit. 



Cincinnati, Ohio, February 15, 1911. 

Felix Fournier & Co., New Orleans, La.: 

Gentlemen: Please extend John Doe, Esq., credit for such farm- 
ing machinery as he may select, to an amount not exceeding five hun- 
dred dollars ($500.00) for six months and I will be responsible to you 
for the payment, should he fail to discharge the obligation at the date 
of maturity. Kindly inform me of the amount of his purchase and the 
date when due. Should he default in payment, please notify me with- 

^' Yours respectfully, 

Richard Roe. 



INDEX. 



Animals — page 

Running at large 1-3 

Fees for taking up 3 

Pests, ground-hogs, English sparrows 3, 4 

Dogs, sheep claims, etc 5-7 

Mad dog and animals affected with rabies V 

Lien of animals for feed, care, get, etc 7, 3 

Crimes and offenses relating. to 8-14 

Cruelty to 11, 12 

Contagious diseases among : 14 

Letting horses for hire 14 

Speed contests, regulations 15 

Bees — 

Inspection of apiaries 16-18 

Protection of property in 18 

Ownership of bees in flight 18 

Bee-trees, bees and honey 18, 19 

Bees as a nuisance • 19 

Owner of liable for damages, when 19 

Penalties 19 

Boundary Lines 20 

Chattel Mortgages 21 

Contracts 22 

Conveyances of Real Property — 

Conveyances in general 23 

Deeds, mortgages and leases 23 

Void deeds and conveyances 24 

Dairy and Food Laws — 

Butter 25 

Milk 25-28 

Maple sugar and syrup 28-29 

Vinegar 29 

Descent and Distribution of Property — 

When*property came by gift, etc 30 

When property came by purchase 30 

When passes to husband or wife 31 

When to children of former wife, etc. 31 

Where property came from former husband or wife 31 

Personal estate 32 

Advancements -. 33 

Inheritance by aliens 34 

(157) 



158 OHIO FARM LAWS. 

Descent and Distribution of Property — Concluded. page 

Inheritance by bastards 34 

Widow or widower 34 

Waste by life tenant 34 

Child born after death of parent 34 

Miscellaneous matters 35, 36 

Dower 37, 38 

Drainage and Water Courses — 

County ditches 39, 40 

Township ditches 40, 41 

Underground drains 41, 42 

Cleaning and repairing 42, 43 

Sinkholes and fissures 43 

Removal of drift 44 

Watercourses 44, 45 

Obstructing drains and water courses 45 

Fences — 

Farm fences, including partition fences 46-52 

Fences along railroads 52-54 

Miscellaneous 54 

Fruits, Fruit Trees, Shrubs and Vines — 

Regulation for prevention of disease 55, 56 

Fruit trees on or near boundary line 56, 57 

Game Laws — 

Ownership in wild game and animals 58 

Protection of song birds 58, 59 

Protection of game birds and animals..... 59,60 

Sale and transportation pronibited 60 

Carrier Pigeons protected .' 61 

Non-resident hunter's license 61 

Laws regulating fishing 61-65 

Health and Humane Laws — 

Health laws 66-68 

' Humane laws 68, 69 

Holidays and Time 70, 71 

Husband and Wife 72 

Grist Mills 73 

Landlord and Tenant — 

Relation of 74 

Lease ' and its contents 74, 75 

Holding over term 75 

Notice to quit. . . . '. 75 

Rents ■. 76 

(Repairs 77 

Growing crops . , 77-78 



INDEX. 159 

Offenses and Trespass Pertaining to Farm Property — page 

Stealing 79 

Burning personal property 79 

Setting fire to woods, etc 79 

Horsestealing 79 

Cutting and stealing timber 79 

Malicious destruction of property ! 80 

Trees and crops, malicious destruction of 80 

Tobacco, malicious destruction of 80 

Throwing down fences, etc 81 

Destroying trees 81 

Pneumatic tires, placing substance on highways to injure.... 82 

Posting bills on buildings, fences, etc 82 

Trespass 82-85 

Trespass defined 84 

Measure of damages for trespass 84 

Property Exempt From Execution 86-88 

Rates of Interest 89 

Roads — 

Duty of road superintendent 90 

Care of 90, 91 

Destruction of briers and weeds 91, 92 

Thistles, destruction of 93 

Footbridge, walks, passways, etc 94 

Sidewalks 95 

Hedge fences along 96 

Motor yehicles 96, 97 

Bic3<-cles, etc 97 

Sunday Laws 98, 99 

Time of Commencing Suits at Law 100, 101 

Trees and Timber — 

On or near boundary line 102 

In highway 103 

Shade trees 103 

Timber 103 

Wills 104, 105 

Weights and Measures 106-109 

Work and Labor 110 

Miscellaneous — 

Publication of derogatory statements affecting banks Ill 

Conversation over telephone not to be divulged by employe. . Ill 

Wool, unlawful sale of certain kinds Ill 

Fires in wood, etc., how extinguished Ill 

Sick servant; employer's duty to 112 



JUL 



160 , OHIO FARM LAWS. 

Business Forms — page 

Agreements * 113-122 

Affidavit 122 

Assignment 123 

Bill of sale 124 

Bonds 125, 12G 

Bank checks '. . 127 

Drafts 128 

Deeds, mortgages and leases 129-134 

Guaranty 135 

Indorsement 136 

Notice to vacate premises ...... 134 

Orders 137 

Promissory notes . 138-143 

Receipts 143, 144 

Will , 144 

Business Letters — 

Introduction . 145 

Inquiry as to responsibiluYy. 145 

Favorable and unfavorable answers 146 

Agricultural Experiment Station 146 

To Representative and Congressman. 147 

Regarding stock running at large 147 

Regarding breachy stock 148 

Regarding diseased stock 148 

Line fence, regarding repair of 148 

Ditch, regarding cleaning of 149 

Financial embarassment, regarding 149 

Answer to foregoing - 149 

Notice of note about to fall due .. 150 

Apology for delay in payment of note 150 

Requesting payment of house rent 150 

Asking time to pay rent ; 151 

Answer of landlord to foregoing..... 151 

Refusal of tenant to pay rent . 151 

Requesting loan of money 152 

Favorable and unfavorable answers 152 

Advising tenant as to crops 152 

Letters of application, recommendation and reference 153-155 

Concerning sale and shipment of potatoes 155-156 

Letter of credit 156 



One copy del. to Cat. Div. 



